Bail is a constitutional right, but staying out on bail is not. There are times when a bail bond can be revoked, and a defendant can be sent back to jail to await their trial. Accordingly, there are times when a bail bond cannot be revoked, and as an indemnitor to someone’s bail, or as a defendant yourself, it is important to know when these times come into play.
Continue reading to learn some examples of when bail cannot be revoked in Indiana.
Here is an example to start with:
A woman bails her husband out of jail on drug charges. She then learns he is still using drugs, and contacts the bail bondsman for help. She wants the bail bond agent to revoke her husband’s bail and take him back to jail. More than likely, the bail bondsman would refuse her request, and for more than one reason. First, they would not consider drug use as evidence of being a flight risk, nor would they have any evidence of the actual drug use to begin with. So long as the defendant is still willing to appear in court, the bail company would have no interest (nor leverage) in revoking their bond.
The laws that govern when a bail bond can and cannot be revoked differ from state to state. Here in Indiana, it is pretty cut and dry. A bail bond can be revoked for many reasons, but NOT for these two:
➀ Indemnitor Regrets the Responsibility
If you sign for someone’s bail bond, that makes you the indemnitor, which comes with a hefty financial and legal responsibility. Not only do you have to pay back the remaining bond amount if the defendant does not appear for court, you have a responsibility to ensure they appear for their scheduled court hearing. This level of liability can be quite overwhelming for some who later have feelings of regret and uncertainty that the defendant will show up for court. Unfortunately, signer’s regret is not a valid reason to revoke a defendant’s bail bond. If you no longer want the responsibility of being the indemnitor, be sure your friend shows up to court.
➁ Defendant Owes Money For the Bail Bond
Although it may seem like the bail bond company has complete discretion on revoking and granting bail bonds, they do not. If a defendant, or indemnitor, owes money for the bail bond fee, or is late on making payments, the bail bondsman cannot legally revoke the bail bond. Instead, they can report the transaction to credit bureaus, pursue a debt collection lawsuit, and obtain their monies owed that way.