Legal Question in Criminal Law in California
In CA, if someone is arrested, bail is paid and no charges were ever filed, does the person who posted bail have the right to revoke that bail and have the person re-arrested?
3 Answers from Attorneys
I am trying to figure out why someone would post bail for someone and then demand the person be re-arrested. Of course it is up to the police whether or not anyone gets arrested. Some people in intimate relationships use the police and the court system to batter and punish their partners, calling 911 at the drop of a hat and then posting bail and attempting to have the charges dropped, over and over again. If this describes you, your partner would be better off if you left.
No. If no charges are filed, the bondsman has no need to take any action. No one else has a right to.
I agree with Mr. Stone's analysis. Bail bonds are posted by bail bondsman, after being paid by family members and associates of the accused. Bail gets revoked by the judge, after a motion made by the prosecutor. It does not get revoked by the person posting the bail, and to some extent, actually would hurt the person posting bail.
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