If You Violate Your Bond Conditions, You Could Lose Your Money and Freedom
If You have a Bond Violation hearing, Contact Schmierlaw for Help
Judges or Magistrates generally determine bond issues at the accused’s first court appearance after an arrest, which is usually at the arraignment. Judges normally adhere to two factors when considering a proper bond. (1) Is the Defendant a risk of flight and (2) is the Defendant a danger to the community or even themselves. However, judges can raise or lower the standard bail, or waive bail altogether and grant release on the defendant's "personal recognizance". The Judge can also set a cash surety bond, based on the facts and seriousness of an individual case. In a cash surety bond, you have to put up all the money before you are released on bail.
The Judge could set other conditions to be released on bail. These conditions might include random drug or alcohol testing, imposition of a curfew, or even requiring the accused to wear a GPS or SCRAM (alcohol monitoring) tether. If you violate any of these conditions, you may receive a notice from the Court setting a date for a bond violation hearing.
In addition to a money amount of bond, whether a surety or personal, certain conditions are placed on the accused. These bond conditions could include, not leaving the State, refraining from the use of alcohol or marijuana, taking random drug and alcohol tests, and reporting to pre-trial services. Plus you are expected to return to Court on the days your case is scheduled.
If you fail to comply with all your bond conditions, you may be violated. A notice will be sent by the Court, demanding you come to Court and explain the violation. This is probably a good time to get experienced legal counsel to help. If you fail to show up, a bench warrant will be issued and if you are stopped by the police, you will be immediately transferred to the local jail, bond will be revoked and possibly forfeited, and you will remain in custody until you face the Judge.
And when you do appear before the Judge, even if you walk in to Court, the Judge will want to know why you violated the conditions of your bond. Unless you or your attorney can convince the Judge to continue the bond, the Judge may decide to revoke your bond and send you to the County Jail to await disposition of your case. An experienced criminal attorney will prepare for the a bond hearing, understands what the Judge wants to hear, and may convince the Judge to give you another chance or that the violation was beyond your control.
just because you overslept and missed a drug or alcohol test shouldn't result in your bail being revoked and you going to jail. Contact Schmierlaw for experienced, aggressive and affordable criminal defense. We are committed to your freedom.
Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742 FAX: (248) 540-0044 Email: email@example.com