Can I get a reinstatement of bail? 7 Answers as of March 21, 2011

I’m out on bail, and have already been sentenced to do 16 months signed for time. I was scheduled for court on Nov. 14 2010. I did not go. I’ve contacted bail bondsman and she said she would reinstate my bail. What are the chances of that happening? The case is for possession of meth for sale.

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Call your attorney. He or she is more familiar with the particular facts of your case and would be far more able to properly advise you than an attorney on an advice service.
Answer Applies to: California
Replied: 3/21/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
She will try to get bail reinstated because it will be forfeited if she cannot. I would say less than 50/50 depending on the court and how well you did up to that point. Going in on your own will help. You do not want to show up in cuffs.
Answer Applies to: California
Replied: 3/17/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Possibly, but I do not think it is likely. It depends upon how compelling your reasons for reinstating are (i.e., 'good cause'). You have already shown the Court that you will not return to serve your sentence (in their eyes). Be prepared to be taken into custody when you return to Court. The Court could sentence you to up to the maximum term (3 years; half-time eligible), because you were apparently out on a Cruz Waiver, but if you have any kind of reasonable story at all for having not reported, you might be able to still only serve the low term, with luck.
Answer Applies to: California
Replied: 3/17/2011
Desert Defenders
Desert Defenders | John Jimenez
If you surrender yourself to the court you will most likely start doing the 16 month sentence. Beware that the bail bond person doesn't just go pick you up (arrest) you now - to take you to court so she doesn't have to pay balance of bail to the court.
Answer Applies to: California
Replied: 3/17/2011
Bird & Van Dyke, Inc.
Bird & Van Dyke, Inc. | Mary Ann Bird
Reinstatement is unlikely. The court will remand you to begin your sentence and you may also be prosecuted for another felony, PC 1320, failure to appear. You need a lawyer. Good luck.
Answer Applies to: California
Replied: 3/17/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Whether you can get bail reinstated is an odd question. You've already been sentenced, and as soon as you return voluntarily to court, or get caught by law enforcement anywhere, will be taken into custody without bail and to court. When you appear in court, you'll either be sent off to jail/prison to serve the original plea bargain sentence or have it revoked and be sentenced to the full term provided your sentencing deal. You'll also have to deal with penalties on the warrant. If serious about hiring counsel to help you, to the extent that is possible, feel free to contact me. The bondsman is probably trying to persuade you to do the right and intelligent thing, letting her take you to court, so she doesn't get stuck with the bail forfeiture. Somebody had to put up collateral to get that bail bond, so you cooperating will avoid that person losing their collateral and property because of your skip.
    Answer Applies to: California
    Replied: 3/17/2011
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