Can A Bail Bond Be Revoked?
A Bail Bond may be revoked under certain conditions. However, there are bondsmen who abuse this right as a means to make more money.
Either the bondsman or the judge may revoke a bond anytime they deem the defendant a flight risk, a threat to their community or themselves, or have determined the defendant has violated conditions of their bail. Those conditions of bail are usually outlined in the bail bond contract.
Oklahoma Statutes define a Bondsman's right to return a defendant to custody in this way:
...The defendant may be surrendered without the return of premium for the bond if he or she has been guilty of nonpayment of premium, changes address without notifying his or her bondsman, conceals himself or herself, leaves the jurisdiction of the court without the permission of his or her bondsman, or violates his or her contract with the bondsman in any way that does harm to the bondsman or the surety, or violates his or her obligation to the court.
The bondsman's obligation to the court is to ensure that the defendant actually goes to all of his or her court dates. Any indication that the defendant may not comply with an order to appear gives the bondsman the right to hunt, arrest, and surrender that defendant to jail without refund. Some examples are failure to check in with the bondsman, leaving the jurisdiction without notifying the bondsman, hiding or concealing themself from the cosigner or bondsman, continuing a pattern of offenses that indicate a lack of concern for the law and/or the community.
There have been instances when a bail bondsman has knowingly bailed someone out of jail with the intention of revoking them later in order to retain the non-refundable premium paid at the time of release. Most would agree that this is an abuse of power and a waste of the court's time. Thankfully, most judges are privy to this and have put a stop to it.
It is important to know that a bondsman or Bail Enforcer does not need a warrant to arrest a defendant or return them to custody even if they have not missed court. This is called Prior to Breech.
At Good Guys Bail Bonds in Oklahoma, we make every effort to prevent a bond from being revoked. This comes by doing the job correctly in the first place and following each case until disposition. Condition of Bail can be confusing for someone who has never been through the criminal process before so we work hard to clearly convey what is expected of every person we bond out of jail.