A violation of pre-trial release in a criminal case can lead to having a bond revoked. According to numerous sources, comedian Katt Williams was arrested on Tuesday January 8, 2013 for failing to appear in court while out on bond. His bond was revoked and re-set. Several of my clients have missed court or otherwise had their bond revoked while out on bond. Not all of my client’s bonds were re-set.
Under current Florida law, most people charged with new criminal offenses are entitled to a reasonable bond. Even non-monetary release is frequently given with conditions. Sometimes, these conditions of pretrial release can feel as though there has already been a conviction and sentence to probation. Special conditions of pretrial release include do not possess or consume alcohol, no contact with the victim or a person may be released to report as if though on probation. Standard conditions of pretrial release are that you appear in court, not violate any additional laws, provide notice of an address change etcetera.
Unfortunately, as Mr. Williams has found out if you miss court you’re likely to be arrested as soon as possible. However, what many people fail to realize, is violating any condition of your pretrial release can lead to having your bond revoked. For example, if a condition of pretrial release is do not drive and a person caught driving could have the bond be revoked.
In Florida, the bond can be revoked by the judge on its own motion or the state can ask the court to revoke the bond. Technically the court can revoke a bond for a violation of pretrial release without a hearing.
Anyone having trouble meeting or abiding by the conditions of pretrial release should ask their lawyer to file a motion to modify the conditions of release. A lawyer may have valid reasons for not doing so; however, a Defendant has the right to ask. For more information or a consultation in a criminal case click, call or fill out the form today.