BY |
Defendants don’t always show up to their court dates. And when that happens, they can feel the full force of California law smashing down on their heads.
The most visible consequence is the forfeiture of the bail bond. Officials may deny defendants the right to new bail, preventing them from leaving their jail cell before trial.
A motion to reinstate a bond in San Diego is a legal maneuver that reverses this process. It lets disqualified defendants regain their freedom, even if they broke their original terms.
Meaning of a Reinstated Bond
A reinstated bond is one the courts previously took away but later gave back. It is a second chance for a defendant who skipped bail before to regain their freedom.
Usually, the original terms and conditions of the bail remain on the reinstated bond. However, they can differ. The defendant must still attend their court dates and follow other restrictions, such as staying inside the state.
Reinstatement also brings renewed motivation for compliance. Defendants must adhere to the bail agreement terms or face harsher legal consequences.
Judges can sometimes apply additional conditions as a gateway to reinstating a bond. Most decisions will depend on the circumstances under which the defendant skipped bail last time.
Timeframe for Bond Reinstatement
It's at the judge's discretion in San Diego County when they reinstate the bond. Typically, courts can wrap up the process within 30 days, but it can take longer.
After that, they will ask for a new bond to be posted. A new bond may incur additional costs with the bond company. That’s because there can be more financial risk. Bail bondsmen may be liable for a higher bail amount if you don’t attend court.
Process of Reinstating a Bond
Unfortunately, reinstating a bond can be challenging, with no guarantee of success. Therefore, it is essential to work with a qualified attorney. Legal professionals can guide you through the various steps and increase the likelihood of a successful outcome.
Step 1: Attend The Initial Hearing
The first step is to appear before the judge and explain why you skipped your court appearance or broke the terms of your bail. Ideally, you want to present a compelling and legally permissible case explaining why you couldn’t attend.
Step 2: Explain Your Evidence
San Diego courts will accept a limited number of explanations for skipping court. These include:
- Medical emergencies
- Not receiving key court papers detailing the time and date of your trial
- Something happening on the way to the court that prevented you from attending, such as an accident
Step 3: Wait For The Judge’s Decision
Judges will follow the law when deciding whether to grant the bail bond reinstatement. Their decision rests on the severity of the violation and your past compliance with bail conditions and terms.
Step 4: Deal With Outstanding Issues
You may have to pay additional fees to settle the case. These might relate to court fines you didn’t pay or costs you incurred.
Step 5: New Bail Terms
Once done, the judge will reinstate the bond. Conditions can be the same as before or different depending on the circumstance.
Step 6: Notify The Bail Bondsman
The next step is for the court to notify the bail agent. Bondsmen need to know the new bail amount to calculate any additional collateral or surety.
After the legal process finishes, you may have to submit to regular monitoring or mandatory drug testing. Be prepared for a lengthy process, and don’t be surprised if courts invite you for multiple hearings with protracted arguments against your case.
Significance of a Reinstated Bond
While bond reinstatement is a standard part of the legal code, it carries tremendous significance for the defendant and the justice system.
The Significance For The Defendant
The significance of a reinstated bond for the defendant is extreme. Obtaining one gives you a second chance at freedom, preventing you from spending an unspecified time in a jail cell. You can go to work, enjoy family relationships, and continue indulging in your hobbies.
At the same time, you must promise the court and judge that you will adhere to the bail conditions. You should find ways to demonstrate your renewed desire to follow the legal process to the letter.
Courts will make you aware of the costs of non-compliance. Judges should tell you what will happen if you break the bail terms. Consequences could include harsher bail conditions next time (or none), immediate re-arrest, and removal of privileges.
The Significance Of The Justice System
The reinstatement of bonds is also significant for the justice system. In many cases, courts want to secure your release.
The first reason it is significant is that it reduces the burden of pre-trial detention. Keeping defendants in cells with food and water isn’t free, meaning reinstatement can reduce costs substantially.
The second reason is that it promotes fairness. Many defendants break their bail conditions, such as skipping court, due to unfortunate circumstances. Bond reinstatement is an opportunity to reverse the damage equitably.
Finally, the justice system can use the reinstatement to remind defendants of their obligations to themselves, the court, and the bond agency. Imposing new conditions can help to emphasize this point and bring it home to individuals.
Summary: Reinstating a Bond in California
As discussed, a motion to reinstate a bond is a legal process that lets you regain your freedom, even if courts say you broke the terms of the previous bail agreement. It’s a long process, but if you have a legitimate reason for breaching court terms and an attorney at your side, you have a reasonable chance of success.
Once you reinstate the bond, you are free to leave jail once more. You can return to your family, hobbies, and work, preventing an extended stint behind bars.
