Judicial Bond Revocation
Typically, the judge immediately revokes bond in failure to appear cases. There is no hearing and judges do not accept any excuses (e.g. I got lost on my way to 201 Poplar Avenue). Judges can also unilaterally revoke bond if the defendant does not live up to the conditions. Re-arrest is a good example. Once the judge learns about the incident, the judge will sometimes revoke bond.
Other defendants violate lesser conditions, such as a failure to check in or a failure to have an ignition interlock device installed on their car before the deadline. In situations like these a judge may also revoke the defendant’s bond, or he or she may give the defendant a chance to make things right or let the defendant off with a warning. On the other hand, they could also unilaterally revoke bond. A lot depends on the judge’s disposition and the defendant’s attorney’s advocacy skills.
Private Bond Forfeiture
40-11-132. Exoneration of bail bondsman or surety by surrender of defendant.
At any time, the bail bondsman or surety may surrender the defendant in their exoneration or the defendant may personally surrender to the officer. Surrender by a bail bondsman or surety shall be for good cause including, but not limited to, the following:
(1) The defendant has violated the contractual provisions between the defendant and the bondsman;
(2) The bondsman or surety has good cause to believe the defendant will not appear as ordered by the court having jurisdiction;
(3) A forfeit, conditional or final, has been rendered against the defendant;
(4) The defendant has failed to appear in court either as ordered by the court or as commanded by any legal process; or
(5) The defendant has been arrested while on bond.
The bond agent may surrender a defendant to the court if it is determined by the judge that the bonding company has good cause to do so. This is solely at the judge’s discretion. Sometimes, the defendant violates a technical condition, like failure to check in and the judge will allow the bonding company to surrender the bond. Other times, especially with regard to co-signers, the person just gets a bad feeling about the situation and no longer wants to guarantee surety. A co-signer will often need to come testify in court in order to surrender a bond for this reason
United Bonding Company has been serving clients for over 12 years in the greater Shelby County area and Western Tennessee. Their professional bond agents are available 24/7 every day of the year and provide fast, professional, and confidential bond release services. United Bonding also provides bonds in the Shelby County Juvenile Court and are members of TAPBA Tennessee Association of Professional Bond Agents www.tapba.org.
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