Bail Bond Rewrite

Bail Bond Rewrite

Situations that Call for a Bail Bond Rewrite

The procedures that must be followed when writing a bail bond can be lengthy and may differ according to the circumstances of each case. Criminal defense attorneys, numerous co-signors and defendants can misunderstand or become confused by the process making it necessary to rewrite the bail bond agreement.

A bail bond rewrite can be the result of the wrong amount of bail being determined. If bond has already been posted, any change in the case that would require the agreement to be rewritten would result in the need for more bail to be posted to keep the defendant from being returned to jail. This could be the result of numerous charges from different accounts being lumped together or a charge being raised from a misdemeanor to a felony.

Bail Bond Rewrite Hypothetical

As an example, if a defendant had already posted $15,000 in bond and the court raised the bond to $50,000, he would have to post the remaining $35,000 or be remanded back into police custody. The courts in California do not allow the “stacking” of bail bonds. Stacking involves posting more than one bond at a time for the same case. To avoid this, a rewrite of the existing bail bond agreement is required.

Bail Bond Procedure

The bail bond company is not required to rewrite a bond agreement. New risk factors may prevent them from negotiating a new contract. If they do choose to rewrite the bond, additional collateral may be required. Once the requirements have been met and an additional premium has been paid, the bail bond agent will then post the additional amount to the court.

Bail bond rewrites cannot be applied to a forfeited bond. Even the defendant loses their bail due to failing to appear at their court hearing, they do not qualify for a rewrite. To be eligible for a rewrite, the previous bond can never have been forfeited or jeopardized in any way.

Bail Bond Reassumptions

Rewrites and reassumptions could possibly be confused with one another. A reassumption occurs when a bench warrant is issued for a defendant if they fail to appear for court or are considerably late. In essence, it states that the surety company understands that the defendant missed court. It also states that they believe the defendant's absence was accidental and they do not believe them to be a flight risk. It informs the court that they are willing to reassume the bond. If there is any indication that the defendant is a high flight risk, they can rescind the bond and have the defendant returned to jail and taken into custody.

Reassumption of liability fee:

The judge will order the bail bond forfeited if the defendant fails to appear and the bail bond agency will be notified. A miscommunication of a forgotten court date can result in the defendant missing their hearing. The defendant must then contact their bail bond agency and return to court with a letter from the surety company that states they are willing to reassume the bond. The “Reassumption of Liability” or motion can sometimes cost $100 payable to the bail bonds agency. Bail Bonds DIRECT of Los Angeles usually does not charge any fee when they reassume a bail bond.

This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the information of an attorney client relationship. Bail Bonds Direct makes no warranties or guarantees of case outcomes.


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Bail Bonds

931 North Vignes St,

Los Angeles, CA 90012

Phone. 213-465-4030

Fax. 213-465-4030