Meeting Cherokee County Bail Conditions
If a defendant is out on bail, this is a welcome development. The defendant is no longer in jail but is enjoying temporary (and hopefully, permanent) freedom. However, Cherokee County bail bonds can be a complicated and expensive process. There are usually conditions attached to bail and if these conditions are breached, bail may be revoked. If a defendant is arrested again or does not appear in court, bail is usually revoked. This means that the defendant is taken into custody and the bail money or bond will be forfeited. There is a chance that the forfeiture may be set aside if the defendant has cogent reasons for not appearing in court.
To find out whether or not a loved one is registered within the Cherokee County jail, please use our Cherokee County Inmate Search.
Revoking Bail – Back to Jail in Cherokee County
If a defendant fails to appear in court, this is likely to complicate matters because failing to appear in court is a crime in most states. In this case, the defendant becomes liable for the original crime plus the additional Failure To Appear (FTA) criminal charge.
Bail can be revoked on the following grounds:
- Failure to stay away from the crime victim.
- Committing another crime while out on bail even if the defendant has not been convicted of that other crime.
Bail Revocation Process in Federal Court
In the federal court system, bail can be revoked under the Bail Reform Act of 1984. If a defendant commits a crime while he or she is out on bail, it is assumed that the community will not be safe if that individual is free. In this case, the defendant may be given an opportunity to rebut this assumption. A hearing on this matter is usually decided by a judge but it is not a full-blown trial. The judge may revoke bail or impose additional bail conditions.
The judge may also impose other conditions such as fines, additional prison time or forfeiture. These additional conditions are added to the prison term if the defendant is convicted of the original crime.
Bail revocation Process in State Courts
The bail revocation processes in different states vary. However, all states recommend revocation if the defendant does not appear in court, commits a crime while out on bail or violates a bail condition. The prosecutor’s burden of proof also varies. Some states use the “probable cause of arrest” test while others use the “preponderance of the evidence” standard.
State rules and federal rules allow for bond forfeiture if a defendant does not appear in court. This applies to Cherokee County and many other places. In addition, state and federal courts authorize bond forfeiture if a release condition is violated.
When bail is revoked, the bail bonds are forfeited. Money or property put up to secure the release of the defendant is handed over to the court.
Usually, notice is sent to the defendant or the surety. This surety is usually a bail bondsman and he or she is given time to hand over the defendant to the court. If the defendant cannot be found, the bail bondsman pays the required bail to the court.
In some states, the bondsman is given a chance to explain why the terms of the bail was violated. If the defendant has cogent mitigating factors, bail may not be revoked.
Getting Bail Reinstated: “Remission”
After a bond has been forfeited, it can be set aside through a process called a remission. If the remission is granted, the money that was forfeited is returned. The judge listens to the remission motion and decides whether justice will be served by remission or upholding the revocation of bail.
Among other circumstances, a forfeiture can be set aside in the following cases:
- The violation was not willful
- No damage was done by the violation
- The defendant was not aware of the condition that was violated.
Note that a under federal law, a forfeiture can be set aside in part or in whole. This is also applicable to some states.
A defendant that wants to enjoy bail should appear in court and keep all the bail conditions. Failure to appear in court or any other violation will lead to serious consequences.
Call us in Cherokee County at 770-557-5998. Our experienced Bail Bond agents are available not only in Canton GA, but the entire Cherokee County cities which include:
We offer worry free services at our offices in Canton GA, Cumming, Forsyth County Georgia, as well as in Dawson and Habersham counties. Call us today at 770-557-5998.