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Sanctions For Violation of Bail

State statutes enumerate possible sanctions for the violation of a condition of release or the commission of a crime while on release.  Generally, different or additional conditions of release are imposed. However, in cases where the defendant is on release with respect to an offense with a possible term of imprisonment of 10 or more years, release may be revoked.

Apart from statutes, some state court rules provide that after a hearing and upon a finding that the defendant has violated conditions of release, the judicial authority may impose additional conditions or may revoke his or her release.  Violation of condition of release may result in forfeiture of bail or recognizance.  In some cases, criminal liability may be imposed on defendants for breaches of such conditions.

Under some statutes, if the defendant fails to appear, the court must order the issuance of a warrant for the defendant’s arrest.  However, according to some state laws, if the court has reason to believe that sufficient excuse may exist for failure of the defendant to appear, the court may continue  the case for a period it deems reasonable to enable the defendant to appear without issuing a bench warrant.  Nevertheless, after the court has made the order for continuance, if the defendant fails to appear on or before the continuance date set by the court, the court may issue a warrant for the defendant’s arrest.

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