How to Get a Bail Bond After a Previous Bond Is Revoked

Co-authored by Clinton M. Sandvick, JD, PhD

Last Updated: March 18, 2023 References

If you violated the terms of your bail, then you probably were arrested and turned over to the police. The judge then revoked your bail and you forfeited your bond. Unless the bond company agrees to reinstate the bond, you will have to get another one. You can get another bail bond in the same manner that you got your first one—contact a bail bondsman and talk about getting a new bond.

Method 1

Method 1 of 3:

Finding a Bondsman

1
Make sure bondsman can work in your state. Some states have outlawed the practice of being a private bondsman. If you live in a state where bondsmen are illegal, you will have to find another way to post bail. Fortunately, in those states, you are more likely to be able to post a percentage of bail on your own and be released. The following states do not allow private bondsmen:^{[1]
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- Illinois
- Kentucky
- Maine
- Nebraska
- Oregon
- Wisconsin
2
Be aware of how bail bond fees work. A bail bondsman deposits the amount of your bond with the court so you can be released from jail while you await trial. In return for posting bail for you, the bail bondsman will charge you a nonrefundable fee. A bail bond is essentially a contract between the government and the bondsman. If you fail to show up for court, the government will collect the bond amount from the bondsman.
- In general, the fee you will be charged will be 10% of the total bond amount. For example, if your bond is set at $20,000, the bondsman will charge you $2,000 to post the total bond on your behalf. If you fail to appear, the bondsman will lose $18,000. At this point, the bondsman will come after you, or any co-signors, to try and recoup their loss.^{[2]
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3
Find a bail bondsman online. You can get a second bond in much the same way that you got your initial bond. First, you should Find a Bail Bondsman. There are online databases you can search, including the following:
- www.bailbond.com
- bailbondsnetwork.com
4
Ask friends or family to find a bondsman. If you’ve been recently arrested and returned to jail, it is probably difficult for you to find a bondsman on your own. You should call your friends or family and ask them to find a bondsman.^{[3]
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- Often, bail bondsmen have offices near the jail or the police station. Your friend or family member could stop in and talk with them.
5
Check that the bail bondsman is licensed. You should only work with licensed bail bondsmen. Bail bondsmen are typically licensed by their state’s Department of Insurance. You can ask any agent for their registration number.
- Write down the number and then double check that the agent is registered. You can usually check by visiting your state’s Department of Insurance website, which usually has a “Look Up” feature you can use.^{[4]
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6
Read reviews. You want to make sure that the bond agent is reputable, so you should do some preliminary research. You can check your local Better Business Bureau (BBB) and look to see if any complaints have been filed.^{[5]
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7
Contact the bail bondsman. You can call up the bondsman and explain that you would like to get a bond. You should explain that you had your prior bond revoked and answer any questions the bondsman has. You should also discuss the following details:
- Whether you will pay the fee upfront or if you can pay in monthly installments.
- Whether interest will be charged. If so, find out the amount and how it is calculated.
- Whether you need to put up property as collateral. You might not have put anything up as collateral on your first bond. However, a bond agent might require collateral for the second. “Collateral” is property you pledge to secure the bond. If you violate the terms of your bail, then the bondsman has to pay into court the full amount of the bond. In return, he or she can then take your collateral.
- How long the bondsman waits before closing on collateral. Should you fail to obey the conditions of your bail, then the bondsman can close on the collateral. Find out how much time you have before they close on the property.
- How the bond agent provides receipts and other proof of payment.
8
Clarify when the bondsman will surrender you. Generally, the bondsman has the right to take you into custody and turn you over to the police if you violate any term of your bond contract. However, some bondsman will only put you in jail if the judge revokes the bail. You should ask for the bondsman’s practice.
- Definitely try to avoid any bondsman that will take you into custody because of minor violations, such as failing to call them one day. This type of bondsman could cost you more than they are worth.
9
Review the contract before you sign it. When you find a bail bondsman you want to work with, they will give you the terms of the agreement in a written contract. Make sure you read this contract carefully and understand it before you sign it. Bail contracts can be incredibly harsh on clients and you need to make sure you can meet the terms of the contract. In general, the contract will indicate:
- How the nonrefundable fee is to be paid (e.g., one upfront fee or monthly payments)
- Whether any interest will be tacked on to your normal payments
- If collateral needs to be put up (e.g., your home)
- Who the co-signor is, if you have one
- Any other conditions the bondsman sets for posting bail on your behalf

Method 2

Method 2 of 3:

Getting Another Bond

1
Identify the type of bail available to you. Different courts will handle bail in different ways. While a lot of courts will allow you to hire a bondsman or post cash bail yourself, other courts do things differently. For example, Some courts will allow you to post a percentage bond, which requires you to pay around 10% of the full bond amount. Other courts will allow you to post real estate as collateral for your release. In this case, you will offer your property as collateral, and if you fail to show up for court, the court may take your property from you.^{[6]
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- In a few courts, you can submit a written promise to appear in court. If you break this promise, the court will charge you the full amount of bail. If you appear for all of your court appearances, you ill not have to pay anything. This is called an unsecured bond.
2
Read your contract before signing. Your bail contains a set of “conditions,” i.e., things you must do. These conditions are set by the court, but they can also be set by contract with the bondsman.^{[7]
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- undergoing drug or alcohol treatment programs
- continuing with school or a job
- reporting regularly to the bail bondsman
3
Pay your fee again. If you get released on bail a second time, then you have to pay the fee for the second bond. For example, if your first bail bond was $20,000, then you probably paid $2,000. If your second bond is $20,000, then you will have to pay an additional $2,000.
- The fee you paid for your revoked bond will not be refunded to you.^{[8]
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  Research source} For this reason, you might want to try and get the original bond reinstated, which could save you money.
4
Get a cosigner, if necessary. You might not be able to afford the bond fee on your own. In this situation, you will need someone to cosign for you. This person is responsible for helping the bond agent find you if you miss a court hearing, and the cosigner is also financially responsible on the bond contract.^{[9]
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Method 3

Method 3 of 3:

Reinstating a Bail Bond

1
Ask the bond agent if they will reinstate the bond. You generally need the bondsman’s permission to reinstate the bond once it has been revoked. You should talk to the bond company about whether you can get the bond reinstated. Reinstating the first bond instead of buying a second one could be much cheaper for you.
- Ideally, you should have immediately contacted your bandsman if you missed a court appointment or violated some other condition of your release.
- If you did, then the bond company may be willing to reinstate the bond because you are honest and not trying to jump bail.
2
Identify the reasons you can get a reinstatement. You might have violated your bail, but not all violations are serious. Both the judge and your bondsman might agree to reinstatement if you had a legitimate reason for violating your conditions of release. Valid reasons include:^{[10]
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- Your violation was unintentional. For example, a medical emergency might have prevented you from getting to a court hearing.
- You weren’t aware you were violating the terms of your bail. For example, you might have failed a drug test because of a valid prescription drug you were taking.
- It didn’t cost the government anything to apprehend you. If you turned yourself in, then the government hasn’t expended any resources finding you.
- The government hasn’t been prejudiced by your violation.
3
Get a court form. Your court might have printed, “fill in the blank” forms you can use to ask the judge to set aside any forfeiture of the bond and to reinstate it. Ask the court clerk for the form. Sometimes, these forms are published on the court’s website.
- Often, the bond company will have to sign a form granting permission for reinstating the bond. You should get the form from the court.^{[11]
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4
Draft your own motion. If there is no form to file requesting reinstatement, then you will have to draft your own. The bond company may be willing to draft and file the motion for you, since you are in jail. Talk to the bond agent and work out an agreement. A proper motion should contain the following:^{[12]
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- The caption information. This includes the name of the court, the names of the parties (the state and you as the “defendant”), and the case number.
- A proper title. Often, this motion is titled “Motion to Set Aside Notice of Forfeiture and Reinstate the Bond.”
- A request to set aside the forfeiture and reinstate the bond. You should identify the date the bond was forfeited and ask that it be reinstated. Give your reasons for reinstatement.
- A statement that the bail bondsman agrees to the reinstatement as well as their signature.
- A certificate of service, stating how you sent a copy of the motion to the prosecutor.
- Proper formatting so that the motion is easy to read (e.g., 14-point font, double-spaced, with one-inch margins).
5
File the motion or form with the court. You should make several copies of your motion. File the original with the court clerk. There may be a fee that you have to pay to have the bond reinstated. If you can’t afford it, ask about a fee waiver.^{[13]
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- If the bail bondsman drafted the motion, then he or she can file it. Ask for a copy.
- If you drafted the motion, then you will probably have to mail it to the court, since you are in jail.
6
Send the prosecutor a copy. Typically, you must provide the prosecutor with a copy of your motion to reinstate bail. You can generally mail the copy to the prosecutor, who has a chance to oppose your attempt to reinstate the bail bond.
7
Attend a hearing. The judge may hold a hearing to decide whether to reinstate your bail bond. The judge may ask you questions. Be sure to answer honestly and never interrupt the judge. Always call the judge “Your Honor.”^{[14]
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- If the judge grants reinstatement of bail, then he or she will sign an order to that effect. You should get a copy of the order.^{[15]
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