Wichita Bail Bonds Blog

Backing out of a bond, especially a bail bond, is not as simple as just changing your mind. Once a bond is posted, it is a legal commitment. Cancelling or backing out can result in significant consequences, including forfeiting the bond or facing additional legal charges.

Understanding Bail Bonds

A bail bond is a financial agreement between the court, the defendant, and the bail bondsman. It ensures that the defendant will appear for their court hearings. If the defendant fails to appear, the bondsman may be required to pay the full bail amount to the court. The person who signed the bond (usually a family member or friend) is responsible for ensuring the defendant meets their obligations.

Can You Cancel a Bail Bond?

In most cases, once a bail bond is posted, it cannot be easily canceled or “backed out” without consequences. Yet, there are a few scenarios where it may be possible to end the bond.

• If the defendant is returned to custody – If the defendant is arrested again or voluntarily returns to custody, the bond is generally voided, and the bond is no longer in effect.
• If the case is dismissed – If the charges are dropped or the case is dismissed, the bond can be canceled. The person who posted the bond can then request a refund, depending on the jurisdiction and the bond type.
• If the bond is revoked – If the defendant violates the conditions of the bond, such as missing court appearances or committing another crime, the court may revoke the bond, and the bail bondsman will be required to pay the full bond amount.

What Happens If You Back Out of a Bond?

If the person who signed the bond wants to cancel it or “back out,” there are some consequences to consider.

• Forfeiting the premium – If you hired a bail bondsman, the non-refundable premium paid to them will not be refunde. This fee is typically 10–15% of the total bail amount.
• Legal and financial responsibility – If you back out of a bond, you may still be responsible for the full bail amount if the defendant fails to appear in court. The bail bondsman can pursue legal action to recover the funds, including seizing assets or taking you to court.
• Increased legal consequences – Backing out could complicate the defendant’s case. If the bond is revoked, the defendant might remain in custody until their trial, affecting their ability to prepare a defense.

Can You Return the Defendant to Jail?

If the defendant is in a position to flee or violate bond conditions, the person who posted the bond can request that the defendant be returned to jail. The bail bondsman may assist with this, especially if they are concerned about the defendant’s flight risk or non-compliance. In some cases, a court may allow the defendant to be rearrested, which would effectively cancel the bond.

Alternatives To Backing Out of a Bond

If you’re having second thoughts about a bond, here are a few steps you can take.

• Contact the bondsman – The bondsman may be able to work with you to address concerns or find alternative arrangements, such as changing bond conditions.
• Request a bond modification – If the defendant is at risk of violating bond conditions, you can ask the court for a modification to make the bond terms less risky or more manageable.
• Consult with an attorney – If you’re uncertain about the legal consequences or options, an attorney can advise you on how to proceed without negatively impacting the defendant’s case.