Circumstances of A Bail Bond Rewrite

The process and procedures of posting a bail bond can differ from time to time due to a criminal case’s circumstances. Many co-signers, defendants, and criminal defense attorneys misunderstand the requirements and need for a bail bond rewrite.

A bail bond rewrite would apply to a criminal case in which a bailbond was already posted, but changes in circumstances require additional bail by the court. For example, let’s say a defendant was arrested and released on a $15,000.00 bond. Upon appearing in court for the underlying criminal charges, the district attorney’s office decides to file the case as a felony and/or add more criminal charges to the complaint. The Court (judge) or district attorney’s office (DA) asks for a higher bail amount of $50,000.00, based on the current criminal charges and bail schedule. The defendant in now required to make bail in the amount of $50,000.00 or likely be taken into custody.

Bail  Bond Rewrite Hypothetical

In the example given above, the defendant would be required to post an additional $35,000.00 in bail . This would require a new bond (rewrite)  in the amount of $50,000.00 to be posted by the bail bond company. You might ask, why not post another bond for $35,000.00? California state regulations will not allow “stacking” of the bail bonds. In fact, the bailbond is void if more than one power is attached or an additional bail bond is posted on the same case number.

Bail Bond Procedure

Furthermore, the bond company is not obligated to post the larger bail amount. The previous transaction was negotiated upon the criminal charges and bail amount at the time of arrest. Depending on the new risk factors, additional collateral or security may be required to underwrite the new bail bond amount.  Upon satisfying the requirements for the new $50,000.00 bail amount, the bond company may charge the difference in bail premium. The same rate of premium must also be charged for the bail bond rewrite as charged on the original bailbond, usually 8% or 10% percent.

In addition, a bailbond rewrite would not apply to a forfeited bond. The defendant’s failure to appear in court, having their bail amount raised, and bailbond forfeited does not constitute a bond rewrite. A bailbond rewrite also requires that the original bail bond was never forfeited.