by Attorney Eric D. PuryearFor those who are out on bond after being charged with a crime, it is possible for bond to be revoked by the court. Bond revocation can happen for a variety of reasons in an Illinois or Iowa criminal case.
Bond revocation due to new charges in an unrelated case is a common occurrence. In that situation, a defendant who is out on bond for one alleged crime finds themselves charged with another unrelated alleged crime, and as result the court may choose to revoke their bond in the first case. For example, if a person were to be charged with a DUI in Illinois on the first of the month and post bond to get out of jail, only to be charged with a theft on the 15th of the month, the court may choose to revoke the bond in the DUI charge.
Another common situation is a revocation of bond due to more serious charges being filed in the existing case. For example, a person who is out on bond for an OWI charge in Iowa where there was a car accident may find their bond revoked if a person who had been injured in the car accident were to die from their injuries, resulting in a more serious charge being filed.
In cases where a defendant does not show up to court (called a Failure to Appear, or FTA), the court may revoke their previously-posed bond. Sometimes that revocation is accompanied by a new, higher bond amount, or a new warrant.
Regardless of the reason for a bond revocation, the result can be quite problematic for a defendant. Sometimes the court will keep the bond money that had previously been posted. Other times, the court will raise the bond amount, making it more difficult for the defendant to get of jail during the pendency of the case. Or, the court may impose new bond restrictions, such as home detention or electronic monitoring.
Those who are facing a bond revocation are well advised to seek an attorney, as properly handling bond issues can be the difference between a person being free or in custody for an extended amount of time while their case is pending.