What Happens If You Violate the Terms of Your Bail?

If you violate the terms of your bail, such as failing to attend a court hearing or violating another condition of your bail, bail could be revoked, and a warrant could be issued for your arrest. Once you are in custody, you may have to remain in jail until your trial or have to pay a higher bond and fulfill harsher other requirements.

Can I Get the Amount of Bail to Be Paid Reduced?

After your bond is set, you can file a motion to modify bond that would be heard by a judge, not the magistrate. If you plan to file this motion, you would want a criminal defense attorney to file it for you and to attend the hearing on the motion with you. These motions are resolved in one or two ways:

  • Consent of the prosecutor and judge
  • Hearing in front of the judge where the prosecutor objects to your motion

You do not want to automatically file a motion to modify a bond because it could lead to the prosecutor requesting a higher bond. In addition, the judge has the power to increase, as well as decrease, the amount of your bail.

An experienced criminal defense attorney will know whether filing a motion to modify a bond would be beneficial in your case given the charges you face, your prior criminal history, and the practices of the specific prosecutor and judge assigned to your case. If you have been arrested, we urge you to contact our office immediately to speak with a member of our criminal defense team. We can help you get bail set, advise you of what you can expect in your criminal case, and start working on building a strong defense to the charges that you face.

Howard W. Long, II
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Charlotte Criminal Defense and DWI Lawyer