Conditions of Bail – how are they determined and what happens if you violate those conditions?


Often times, when a judge sets an amount for bail, they also outline the conditions of that bail. Bail is a set amount of money that must be paid to the court in order for the defendant to remain out of the custody of the police. In addition to paying this amount, the judge may also mandate other conditions that if violated could send the defendant back to jail.

A judge must consider many factors when determining an amount and the conditions of bail:

  • How severe is the crime?
  • Does the defendant have family support or ties to the community?
  • Does the defendant have a criminal history?
  • Is the defendant employed?
  • Is the defendant a risk to society?
  • Is the defendant a flight risk?

The answers to these questions will help a judge in determining any restrictions or conditions that the defendant must follow once released from jail.

Mandatory Check-Ins

Most defendants must check-in with the local police department, similar to how a criminal will be required to check in with their probation or parole officer. By enforcing this mandatory check-in, the defendant can be monitored to ensure that they are keeping the requirements or conditions of their bail. If a defendant uses a bail bond company, they must report to the bail bondsman and if they fail to do so, the defendant will be in violation of their bail and the courts can revoke the bail and send the defendant back to jail.

Travel Restrictions

Depending on the severity of the crime and if the defendant is a flight risk (likely to leave the county before trial), the judge may place restrictions on how far they may travel. It is likely that the judge will force the defendant to surrender their passport as an added assurance that they will not leave the county prior to their court date. In order to travel, it must be approved by the courts and if the defendant uses a bail bond company, the bondsman must get permission from the court.

Staying Clean and Sober/Court Mandated Classes

If a defendant was charged with a drug-related offense, it is common that a judge will mandate drug-related classes and routine drug testing. If a defendant refuses to attend a class or if they fail a drug test, they will be arrested and placed back into the custody of the police.
It is very important that a defendant understand all of the conditions set by the courts. By violating any of these conditions, a defendant can be charged with further charges, resulting in an arrest.

We at Mercy Bail Bonds are here to provide you with excellent service and information when you need it. If you have any questions or wish to discuss how we at Mercy Bail Bonds can help, please feel free to contact our office at (727)856-7775. We will take the time to walk you through every step of this process and answer any questions you might have.