Bail Questions • Skipping Bail and Revocation • Arizona
What Is Bond Revocation?
Bond revocation is a court order that cancels a defendant's pretrial release and returns them to custody, usually for violating a release condition.
Quick answer
Bond revocation is a court order that cancels a defendant's pretrial release and returns them to custody, usually for violating a release condition. In Arizona a judge revokes release after a hearing, often for a new arrest, a missed court date or a broken no-contact order. The premium is not refunded.
Revocation, forfeiture and surrender are different things
Revocation is the court's action. The judge decides the defendant should no longer be out on the terms set at the initial appearance and orders them back into custody, or sets new terms. It is about the defendant's conduct while released.
Forfeiture is about the money. When a defendant misses court, the court starts a process under Rule 7.6 and A.R.S. 13-3974 to collect the bail amount from the surety. Forfeiture and revocation often happen together after a missed hearing, but a bond can be revoked without any forfeiture, for example after a new arrest when the defendant has never missed a date.
Surrender is the surety's action. A bail agency can return the defendant to custody on its own under the indemnity agreement, which ends the bond. Our guide to bail conditions in Arizona lists the conditions whose violation most often leads to revocation.
Who can start a revocation
Three sources. The prosecutor files a motion to revoke or modify release, usually after a new arrest or a report from the alleged victim. Pretrial services reports violations such as a positive test, a missed check-in or a monitoring alert, and the judge acts on the report. And the court can act on its own when the defendant misses a hearing or when a violation comes up on the record.
The defendant is entitled to a hearing. At it the judge hears from the prosecutor and the defense and decides among four outcomes: release on the same terms, stricter conditions, a higher bond, or custody with no bond. If the defendant was supervised by pretrial services, the supervision report is usually the center of the hearing.
What happens to the bond and the money
When the court revokes release and takes the defendant into custody, the original bond is exonerated: the surety's promise is fulfilled because the defendant is back in jail. The cosigner's liability for the bail amount ends at that point. Pledged collateral is returned.
The premium is not refunded. It was the fee for posting the bond and securing the release, typically 10% of the bail, and it was earned when the defendant walked out. If the judge sets a new, higher bail, a new bond can be written with a new premium at the filed rate. If the judge orders no bond, the defendant stays in custody until a defense attorney gets the order changed or the case ends. See how bail bonds work for the normal life of a bond.
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Related Questions
Is revoking a bond the same as forfeiting it?
No. Revocation is the court cancelling the defendant's release because of conduct. Forfeiture is the court collecting the bail amount from the surety after a missed court date. They can happen together after a failure to appear, but a bond can be revoked for a new arrest without any forfeiture.
Can a revoked bond be reinstated?
Sometimes. The judge who revoked release can reconsider, and a defense attorney can ask for a review hearing, often with new information such as treatment enrollment or a corrected address. Whether the original surety bond is reinstated or a new one is required depends on the court's order.
Does the cosigner owe money when a bond is revoked?
Not the bail amount. Revocation returns the defendant to custody, which exonerates the bond and ends the cosigner's guarantee. The cosigner still owes any unpaid premium balance, because the premium was earned when the bond was posted. Collateral is returned after exoneration.
What is the difference between bond revocation and bond surrender?
Who acts. Revocation is ordered by the judge after a hearing. Surrender is done by the bail agency under its indemnity agreement, without a court order, by returning the defendant to the jail. Both end the bond, and in both the premium is not refunded.
Can you get bail again after a revocation?
Often, yes. If the judge sets a new bail amount, a new bond can be written. If the order is no bond, an attorney must ask the court to change it first. Call One Stop Bail Bonds any hour and an agent will walk you through it.