How to Revoke Bail Bonds in New Mexico
New Mexico bail bondsmen are required to follow state laws when dealing with clients. When someone on bail violates the terms set forth by the state, bail can be revoked and the offender incarcerated until a court hearing. Violations of the bond agreement allow the bondsman to issue and execute an arrest warrant, and will result in the loss of money paid by the client for the initial bail bond.
Other People Are Reading
Instructions
-
-
1
Gather proof of the violation. Violations that may trigger a bail revocation include criminal activity resulting in additional arrests, bail-jumping to another city or state, failure to attend arraignment hearings or providing false information on bond applications.
-
2
Submit a request for an arrest warrant as well as a petition to revoke bail to the judge assigned to the case. Provide evidence of why the bail should be revoked and the offender be incarcerated until trial. Failure to appear in court will automatically let the judge issue an arrest warrant, and will require no further action on your part.
-
-
3
Serve the offender with revocation papers through Certified Mail or a due-process server. You may contact the offender by phone to learn his location and make the arrest once a warrant has been issued.
-
4
Turn over money or collateral used to secure bail to the court. If bail is revoked, these items become the property of the State of New Mexico and cannot be reclaimed.
-
5
Attend all court dates regarding the bail. The offender will be given the opportunity to testify as to why he violated his bail agreement. In some cases, he may be able to ask the court to place a "bail remission" on his case. This allows him to reclaim money or property used to secure the bail. This is done in cases in which bail was violated due to emergency health problems, misunderstanding of the bail agreement or if the violation was made against his will.
-
1
References
- Photo Credit Thinkstock Images/Comstock/Getty Images
