Legal Definitions - bail revocation

Bail revocation refers to a court's decision to cancel or withdraw the permission it previously granted for a criminal defendant to be released from jail while awaiting trial or further legal proceedings. When bail is revoked, the defendant must return to custody, even if they had already posted the required bail amount or secured a bond for their release.

Here are some examples illustrating bail revocation:

• Example 1: Violation of Release Conditions

  A defendant accused of domestic assault was granted bail with the condition that they have no contact with the alleged victim. However, the defendant repeatedly sent threatening text messages to the victim, violating this specific condition. Upon learning of these violations, the judge held a hearing and decided to revoke bail, ordering the defendant to be taken back into custody until their trial.

  This illustrates bail revocation because the court withdrew its earlier permission for the defendant's release due to their failure to adhere to the rules set for their temporary freedom.

• Example 2: Committing a New Crime

  A person was released on bail after being charged with grand theft. While out on bail, they were arrested again for shoplifting from a different store. When the judge was informed of the new arrest, they determined that the defendant posed a continued risk to the community. The judge then decided to revoke bail for the original grand theft charge, meaning the defendant would remain in jail for both offenses while awaiting trial.

  This demonstrates bail revocation as the court canceled the defendant's previous bail release because their actions (committing a new crime) indicated they were no longer suitable for release.

• Example 3: Failure to Appear in Court

  A defendant facing charges for driving under the influence was released on bail and instructed to appear for a mandatory court hearing on a specific date. Without any valid reason or prior notification, the defendant failed to show up for this scheduled hearing. As a result, the judge issued an arrest warrant and immediately moved to revoke bail, ensuring that if the defendant was apprehended, they would not be eligible for release on bail again for that case.

  This example shows bail revocation because the court withdrew the defendant's right to remain free on bail due to their non-compliance with a fundamental requirement of their release: appearing in court as ordered.