When defendants violate the terms of their release (e.g. fail to show up to court), the courts will typically forfeit the bail they paid and issue arrest warrants to put them back in jail. Generally, bail is lost once it's been forfeited, but sometimes defendants can get the money back by asking the court to reinstate the order. Here's more information about this process.

Motion for Reinstatement

A motion for reinstatement is exactly as it sounds. You are asking the court to reverse the bail forfeiture and let you continue your case as if there hadn't been a violation. If approved, the court will reestablish your bail account and the terms of your release. As long as you adhere to the conditions, you can remain free and even get your money back once the case concludes.

Whether the court will approve your motion depends on a number of factors, such as when the bail was forfeited, how long it took for the defendant to appear in court, and the reason the defendant violated the terms of his or her release. If you didn't show up for your court date because you were hospitalized and you contacted the court as soon as you were able, the judge will typically approve the motion, for instance.

The exact procedure for getting your bail reinstated may vary between jurisdictions, so it's best to work with an attorney on this matter to give yourself the best chance of winning this motion in court.

Bail Bondsman Approval

If your bail bond was paid for by a bondsman, you'll have to talk to the company about reinstating your bail as well. These two things go hand in hand. If the bail bond company refuses to guarantee your bail, the court may deny your petition even if you do everything else right. At minimum, you may be required to put up your own cash to secure your release.

Like with the court, the bail bond company will base its decision on the circumstances of the case and how much of a risk you represent. In some cases, the bondsman may agree if only to avoid losing money if the court refuses to reinstate the bail because the company wouldn't reestablish the bond. In other cases, the company may cut its losses and refuse to continue if it deems there's a high risk it will lose money anyway.

When you run into an issue where you think your bail will be forfeited, it's essential you contact the bondsman as soon as possible to work out a possible solution. For more information about this issue or to bail someone out of jail, contact a bail bond company.

Share