Bond Conditions and Revocation
A defendant is charged with domestic violence. At first appearance, the judge sets a $10,000 bond with conditions: no contact with the victim and check in with pretrial services weekly. The bail bond agent posts the bond and has the defendant sign a contract. The agent does not explain the no-contact condition; he says, 'Just sign here; the bond is only about showing up.' Two weeks later, the defendant texts the victim and is arrested for violating the condition. The court revokes the bond and orders the defendant held without bond. The agent wants to surrender the defendant to avoid liability and asks whether he must refund the $1,000 premium. The defendant's family demands a refund.
1. Does the surety remain liable after the court revokes the bond for a condition violation? Explain.
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The bond is a contract between the surety and the court. The judge's bond order includes both the amount and the conditions. When the defendant violates a condition, the court can revoke the bond and order the defendant held. Revocation is different from a failure to appear: the court is not necessarily forfeiting the full $10,000, but it can terminate the surety's undertaking. The agent should file a surrender or discharge motion immediately so the record shows the surety is no longer on the bond. The surety's liability after revocation depends on the court's order, so the agent should get a certified copy of the revocation and provide it to the surety.
2. What was the agent's ethical and contractual duty to explain the conditions?
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The agent had a duty to explain the material terms of the bond, including the no-contact condition and pretrial-services check-in. Saying 'the bond is only about showing up' was misleading because it understated the defendant's obligations. The agent should have reviewed each condition, confirmed the defendant understood, and documented the explanation. The failure does not excuse the defendant's violation, but it is an ethical problem for the agent and can support a Department complaint. The agent should not blame the defendant for not following a condition the agent dismissed as unimportant.
3. What should the agent do now regarding surrender and the refund demand?
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The agent should immediately file a surrender or discharge motion, notify the surety, and provide the court's revocation order. Because the defendant is already in custody, the surrender may be largely documentary, but the agent still needs the court to discharge the bond. On the refund, the premium is generally earned when the bond is posted and the agent assumes the risk; the agent should not promise a refund. The agent should give the family a written accounting showing the $1,000 premium and any other charges. If the agent collected unearned fees, those should be refunded. The agent should avoid arguing with the family and should direct the refund question to the surety and the written contract.