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What is a Motion to Revoke Bond and Its Legal Significance?
Definition & Meaning
A motion to revoke bond is a formal request made to the court to cancel or withdraw the bond that has been set for a criminal defendant. This motion can be filed by a prosecutor or a victim of the crime. The purpose of the bond is to ensure that the defendant appears in court throughout the criminal trial. If new information arises that suggests the defendant poses a danger to the community or is likely to flee, the court may hold a hearing to determine whether to revoke the bond.
Table of content
Legal Use & context
This term is primarily used in criminal law. A motion to revoke bond is relevant in situations where the safety of the community or the defendant's compliance with court orders is in question. Legal practitioners may utilize forms or templates to file such motions, which can streamline the process for those representing themselves in court.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(hypothetical example) A defendant is released on bond after being charged with theft. A week later, the prosecutor learns that the defendant has been seen in the vicinity of the crime scene. The prosecutor files a motion to revoke bond, arguing that the defendant poses a risk of committing further crimes. A hearing is scheduled to determine whether the bond should be revoked.
State-by-state differences
State
Bond Revocation Criteria
California
Requires clear evidence of new criminal activity or violation of bond conditions.
Texas
Allows revocation based on a broader interpretation of risk factors, including past behavior.
Florida
Emphasizes the need for a hearing to assess the defendant's current risk to the community.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Motion to Revoke Bond
A request to cancel a defendant's bond due to new evidence.
Focuses on new circumstances affecting safety or compliance.
Motion to Modify Bond
A request to change the terms or amount of the bond.
Does not necessarily involve revocation; may seek to adjust conditions.
Motion for Bail
A request to set or reduce bail for a defendant.
Involves initial bond setting rather than revocation.
Common misunderstandings
What to do if this term applies to you
If you are involved in a case where a motion to revoke bond has been filed, it is important to understand your rights. You may want to consult with a legal professional to discuss your options and prepare for the hearing. Additionally, users can explore US Legal Forms for templates that can help in filing responses or motions related to bond issues.
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