Legal Question in Criminal Law in California

A person is arrested while on court probation for a previous misdemeanor. He is not charged but his probation is revoked. He is bailed out and fails to appear at his court date. A bench warrant is issued. Two weeks later, the bench warrant is recalled and the case is continued. There is a future court date on the previous charge set for 2+ years from now.

Questions: 1) What happens with the bond? Is he still liable for the cost of the bond?

2) What does it mean that the case is "continued" if no future court dates are set?

Thank you.


Asked on 6/12/10, 7:57 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The fact that he obtained a bail bond, most likely from a bail bondsman or "bail agent", means that the amount he paid for the premium (usually 10%) is nonrefundable. It is in the bail contract with the bail bondsman. It is irrelevant that the defendant is later acquitted, or was improperly arrested, or the judge later exonerates bail, or recalls the warrant. If he did not pay all of the premium, but promised to pay, he must still pay the premium.

I'm confused about a future court date in 2 years. It sounds as though you are looking at a data entry error, or typographical error in a minute order somewhere, without providing further details. If the defendant's probation was revoked, then the sentence that was originally suspended (when the probation was given) is usually set in place. If no probation revocation hearing has taken place, the continued hearing is the probation revocation hearing. It is not clear from your post whether or not the revocation hearing has taken place.

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Answered on 6/12/10, 2:05 pm


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