Can Conditions of Bail Be Modified?

Can Conditions of Bail Be Modified?

If you have been arrested, you may be granted bail, allowing you to be free from police custody for the duration of your case. Although we use the term “free” here, that does not mean you can do whatever you want while out on bail.

As part of your pre-trial release, you will be subject to various conditions that place restrictions or requirements on you. The judge may impose these terms for several reasons. When the judge made their decision, the situation may have required the set conditions.

Still, circumstances change. And if those changes are substantial, your current bail conditions might not be practical or necessary any longer. If such is the case, you may be able to seek to have your pre-trial release terms modified.

If you have questions about the bail bonds process or need help posting bond, please contact Andy Callif Bail Bonds by calling (614) 945-4334.

What Are the Conditions of Bail?

Set conditions of bail do not exist. Rather, a judge determines what terms to impose based on the facts of the case.

For instance, they might look at:

  • The circumstances and severity of the crime,
  • The weight of the evidence against you,
  • Your family or community ties, or
  • Whether you were on probation or under a protective order when you allegedly committed the offense

So how do you know what conditions you must adhere to? Your requirements during pre-trial release may be based on pre-set determinations made by a judge and listed in a bail schedule.

However, if you were not eligible for release according to a bail schedule, you’ll be notified of the terms during a bail hearing. This typically happens within two days of your arrest. The judge will review your case and determine the least restrictive measures to ensure the safety of others and your return to court.

Possible conditions of bail you may be subject to include, but are not limited to:

  • Travel restrictions
  • House arrest
  • Work release
  • No contact with the victim or witnesses
  • Completion of a drug and/or alcohol assessment

It is very important that you adhere to the pre-trial terms; otherwise, you may be subject to additional sanctions.

How Can Bail Conditions Be Changed?

Essentially, there are two ways bail conditions can be changed. One is by filing a motion with the court to have the terms reconsidered.

When you file a motion for modification, you must tell the court what conditions you specifically want changed and why you want them changed. For instance, you might argue that being subject to house arrest creates an undue hardship.

After you file your motion, the court will schedule you for a bail modification hearing to present your case. During the bail modification hearing, you must show that the current conditions should be altered because of a substantial change in circumstances. You must also show that removing the condition will not endanger the safety of others, nor will it result in your fleeing before your case resolves.

Until the bail modification hearing concludes, you are still required to adhere to your current bail conditions, regardless of the strains they may be creating. Ignoring any of the terms before a judge has made a final decision can result in negative consequences.

Note that the prosecutor can also motion for a modification of bail conditions. Typically, they do so when they believe more significant restrictions are necessary to prevent the obstruction of justice.

Aside from you or the prosecutor filing a motion to have bail conditions modified, the other way the terms can be changed is if you fail to comply with the current conditions. A violation may cause the court to impose more severe sanctions.

Bail Bondsman Serving Ohio

Our Ohio bail bonds agency serves clients in the following areas:

Contact Andy Callif Bail Bonds Today

The bail bonds process can be confusing, and it can be difficult to understand everything required of you, especially when you are going through a frightening and stressful time.

At Andy Callif Bail Bonds, we can help you navigate the complexities of the process. Our agents will explain your rights and obligations after being released on bail.

For assistance posting bail after an arrest in Columbus or the surrounding areas, please call us at (614) 945-4334 or contact us online today.


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