Can a Judge Revoke Your Bond Whenever He Wants to?
Sometimes, when a client is scheduled to go to court, she will ask me if the judge is going to revoke her bond and lock her up when she arrives at court. I assure such clients that the judge will not revoke their bond and lock them up unless they have violated one of the conditions of their bond.
In a recent case called Creech v. State of Florida, a Florida appellate court said that before a judge can increase someone's bond, the prosecution must first prove that there has been a substantial change in circumstances or additional evidence uncovered since the person's bond was originally set. A judge cannot increase someone's bond simply because he believes that the conditions of bond that were previously set by another judge were too lenient.
Sir:
I recently posted bond for a friend. I was required to put up collateral. Instead, I put up the full amount set by the court. I know that I could have gone and put the money up with the clerk of court, but the judge could have taken costs and fines from that money, I chose to let the bondman take 10% and the other 90% returned after the case was finished.
Instead, my friend was re-arrested, on a new charge, and the judge revoked the bond that I posted.
The bondman said that I can not get my money back until he goes to court. His bond is revoked, and he in jail. By law, should I get my money back now or do I have to wait until he goes to trail?
My son was arrested in February for a 3rd DUI - he hit a car and left the scene. He stopped about two blocks from the accident and was arrested. He was not charged with fleeing. He did not blow.
He was released on bond for 3months and did not violate any conditions. He was on a monthly call in.
He received a letter in April that his bond was increased - he was originally bonded out on a $900 bond. He was set to appear on May 4th his bond had been increased to $30,000. He was re-arrested - all the judge said was he was a threat to public safety. His attorney tried to get information - the prsecuter said he sped out of a parking lot when he hit the car and a police officer witnessed this. It appears this information would have been available to the first judge.
We have not been able to find out what circumstances changed that caused this huge increase in bond. He is now before a much harsher judge - which we believe may have been the objective of the prosecuter. His charges changed from misdemeanor to Felony. He did have car insurance that paid the repair to the other car- his car was sold after the accident to cover his legal expenses. He has supportive family he has never violated any previous conditons of the court. He had a breathalyzer on his car for one year after the second DUI and never violated that. We tried to explain to the judge that a breathalyzer worked for him. The judge did not want to hear any of this. How do we find the paper work that would have justified the increase in bond and moved him away from the first judge.
He also declined the first offer by the public defender when originally arrested - they told him if he didn't take it right then - he would get a much worse offer. He thought they were trying to scare him and said he wanted to try to get his own attorney.
So far his attorney has not provided an answer about the increase in bond. Also the money we paid the bondsman is not being returned - even though it was the courts choice to rearrest him. He is going to court very soon to hear what the judge and prosecutor have decided about his punishment. His lawyer now said as much as five years even though he was offered one year and probation by the first judge. His lawyer did send a request to the state's attorney - but this judge has a history of going over what the prosecutor agrees to and giving the maximum. My son has 20 points against him in the system these Dui's occurred over a period of 9 years. 2000, 2006, 2009.
Dwight...not sure if it's too late or not. If the court revoked the bonds for the cases you posted bond on then the bondsman no longer has liability on those bonds and therefor have 21 days to return collateral. I'm a bondsman..i would know..hope this helps
I have knowledge of a Louisiana case that is very similar regarding the Bond issue.
In the Louisiana case, a defendant was arrested for 2nd degree murder, the original judge ordered a $250,000 property Bond, the District Attorney's office at that time did not object. The defendant remained in jail for approximately, 7-13 days before the bond was posted.
The defendant has continually complied with all court appearances and conditions of the property bond.
Sometime in late September, early October, the defendant's case was transferred to another trial judge. Immediately, the trial judge voiced her concerns about the bond amount. Without any violations by the defendant, she placed the defendant on 24/7 house arrest (GPS tracking, with allowance for attending college (defendant is a Senior Biology major)work, and religious services.
The defendant had an emergency that required him to leave out of the state of louisiana to florida for approximately 3-4days. The emergency was granted, the defendant returned as required without any violations.
For approximately three weeks, the Judge continued to raise concerns about the original bond, and subsequently instructed the District Attorney's office to file a motion for increase of the bond.
Defendant's lawyers argued that the court did not have any new information about the case that was not already known, and the defendant had not violated any conditions of the bond, including her modified conditions of house arrest, however this was to no avail.
The Judge revoked original bond and set a new bond of $500,000. She agreed to allow $250,000 to be property, but ordered that the other $250,00 to be a commericial surety bond.
During the Bond Hearing, the Judge was informed and agreed that with ordering the new bond, she had cancelled out the previous $250,000 property bond and its conditions & her subsequent modifications.
The defendant was re-arrested and was informed by the company monitoring the GPS/(House Arrest) to inform them whenever he was release, (although the company had valid and substanial information as to a contact number for the defendant's lawyer, the company did not make such contact with them regarding this request).
The Defendant's family subsequently decided to comply with the Judge's new Bond order and re-posted the $250,000 property and paid a bondsman for the remaining $250,00.
Upon release, the defendant's called and informed the House Arrest monitoring company of his release. The company in turn, telephoned the Judge. The Judge then contacted the defendant's attorney and threatened to have an arrest warrant placed on the defendat if he did not immediately report to the House arrest company and have the GPS tracking device placed back on him and go back under the previous house arrest conditions.
The judge never indicated in court that in addition to the increase bond amount to $500,000 there would be a modification to it without just cause. At this point, there is not any legal court order/issuance that mandates the defendant to be under house arrest since his bond was recently paid, but yet he is under house arrest with a GPS tracking system attached to his ankle.
The judge modified his bond informally via telephone call after discovering he had made bail.
Q.Is there any U.S. Appeale, Supreme Court cases or Louisiana cases regarding this Bond issue?
Q.Is this action a breech of the bond contract?
Q. Can the family take civil action against judge?( family would not have enetered into the bond contract had judge informed in court of the home incarceration clause)The home incarceration clause is not part of the $500,000 bond language (agreement).
Q. Is this house arrest a violation of defendant's liberty?
Q. Is this the type of case issues that the ACU considers?
Attorney Chapman's response:
If the judge's actions do, in fact, violate Louisiana law, then the defendant may want to consider filing a motion for reconsideration of the conditions of pretrial release and cite caselaw showing that the judge's actions are unlawful. If the judge denies that motion, then the defendant may want to appeal the judge's denial to a higher court.
im out on bond for possession of marjuana less 2o gram and possession of cocaine im taking case to trail.while on bond i got a new case notice to appear for marjuana i went to court took a plea now that case over .but now state send me a paper for a motion to revoke bond cause of the mistermeaner charge i plea on..is that legal .my p.d call and say they want me to plea out and do time or they will revoke my bond and i would have to sit in jail with no bond till my trail is over .
Attorney Chapman's response:
It is legal. Florida statute section 903.0471 states in relevant part that "a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release."
I have a case going and i just gor arrested again on new change is they going to revoke my bond
Attorney Chapman's response:
If your case is in Florida, the prosecutor can ask the judge to revoke your bond. Whether or not the prosecutor will do that is another issue.
I have a pretrial tomorrow that was supposed to be my plea and sentencing... well I'm taking my case to trial. This is a 3 year old case I have failed to appear once and bonded out 50,000 ie: 5,000 cash surety bond because of my fta... My lawyer said the judge and prosecuter are out of patience with me. Can my judge revoke my bond because hes out of patience? I've been on good behavior and went to every court date since.
Attorney Chapman's response:
No, a judge cannot revoke your bond simply because he or she is "out of patience."
I have HTO status. I was arrested for DWLS and let out on bond. I was arrested again for the same charge. The state of florida is trying to have my bond revoked tomorrow. I am the sole caretaker of my 86 year old father and my pregnant daughter. Am I such a danger to the community? I had the car taken away voluntarily. Im terrified! the hearing is in the morning.
Can the judge revoke your bond in one jurisdiction for getting released off early termination probation in another jurisdicition ? The state is saying their filing a motion for it to be revoked for giving false information to the judge in another jurisdicition for not letting him know I had a pending case in different county before he released me off early termination in august 2010 and now its august 2011 , can the judge revoke my bond since the case is still going ?
Attorney Chapman's response:
Typically, a judge revoke's a defendant's bond when the defendant has been charged with a new crime. Your situation doesn't seem to fit that pattern.
if you are on bond and you get arrested for and older charge would that be consider revoking your bond?.
Attorney Chapman's response:
No. You have to have committed a new crime while you are on pretrial release, not before.
A friend of mine was arrested about a month and 1/2 ago. The day before yesterday in court she was trying to get the judge to drop her bond lower (75.000 and $1500) She volunteered to go to OUT PATIENT treatment (basically she would agree to anything to get out of prison) So instead of OUTPATIENT she was sentenced to INPATIENT, released into inpatient. She walked out almost as soon as she got there and came home. Yesterday she was rearrested and took away again, she is back in the same jail her bond says 2 charges and 2 bonds Chrage 1 had a 125,000 bond (professional surity) and the 2nd charge had a $0.00 bond amount. Now my questions
1) can she be rearrested immediately if she is sentenced toimpatient treatment and leaves the same day?
and 2) what does the $0.00 mean on the 2nd charge? No bond???
BTW we are in Wichita KS ty
Attorney Chapman's response:
1. Your friend can be immediately rearrested if she violates the judge's order by leaving in-patient treatment.
2. Call the jail and ask them what $0.00 means.
I was arrested july,2011 in Kane county Illinois, for possession of a firearem w/ no foidcard,It was a domestic case and also had an order of prot put on me. Was told if i didnt get in any trouble for 1 yr they would drop it, otherwise they would up it to a felony and i could serve 2 yrs in prison. Well i was arrested again in december for another domestic(slapping my son)in which he said i punched him. He threw me down on the ground, which he admitted to, but arressted me because he had his son there.Plus I was intoxicated. If the charges are dropped in will county will this still be a violation of my probation and if they are not what will happen to me?
Attorney Chapman's response:
Although a case that has been dropped can still be used to violate someone's probation, this does not happen very often.