What Is 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 bail bond 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 bail 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.

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

Furthermore, the bail bond company is not obligated to post the larger bail bond 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 bail 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 bail bond, usually 8% or 10% percent.

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