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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Can a Bail bondsman revoke bail for late or non payment of

Customer Question

Can a Bail bondsman revoke bail for late or non payment of posted bail?

My son was charged as an adult in Jan 2011. He was out on bail in Feb 2011. In March 2011, he received bail and was released from jail into my custody. The Circuit Court of Maryland granted him a a juvenille waiver from the aformentioned charges of Jan 2011 in May 2011. Consequently, his circuit court case was dismissed, and he received a juvenille case number.

Due to more financial hardships out of our control we did not pay the bondsman's fee last month, and now the bondsman is threatening to revovke the bail and send him back to jail. I have read from a few law journals that they caan't do this. They can't revoke bail simply because one is late or missing payments.

Would you confirm or refute this position: "Can bail be revoked for non or late payment?"
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 3 years ago.
Yes, if the bond payments are not made or are late, the bond contract that was signed allows them to cancel the bond which would mean that the court would order the person placed back in jail until a new bond is posted. The bond is a contract, they can hold someone in default and terminate the contract and they would have to go to the court where the bond was posted to cancel the bond.


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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89631
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
The criminal case was dismissed and he is now being tried as a juvenille. So there is no longer a bail required of him. Therefore, I can see the bond person could use legal resources to secure my unpaid debt. What I don't see is how they can put him back in jail when that court has dismissed the case as he is now being tried as a juvenille
Expert:  Law Educator, Esq. replied 3 years ago.
I did not understand the court dismissed the case. You have to go to the juvenile court over this and then it is up to the juvenile judge to decide. Also, if the juvenile judge decides no bond is required, it becomes a breach of contract claim and they will sue you for the money owed.

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