by Attorney Eric D. PuryearA person who is out on bond during the pendency of a criminal case may find that the bond conditions originally set by the court are not longer workable, due to a change in circumstances. The solution is to seek a modification of the bond terms.Examples of bond terms that a defendant may want to have changed during the case:
- Removal of a travel restriction that prevents the defendant from leaving the county
- Change to a no-contact order
- Deletion of a restriction on the use of electronic devices
- Modification to a order that prevents the defendant from living in a particular home
- Changes to curfew, to accommodate school or work
Each county in each state will have somewhat different procedures to seek such a change in bond terms. For example, I find that in Rock Island, IL it is often easy to get a minor change to bond terms made by the court during a pretrial conference, often without having to ask in advance. On the other hand, in Scott County, IA it often takes a formal motion to get such a change made in bond terms. Certainly the simpler the change desired the easier faster it is to accomplish that change in general. Some changes will not be entertained by the court, even after the filing of a formal motion.
Those whose bond conditions are no longer workable due to a change in circumstances should remember that until the court grants the request to change the bond terms, they must continue to comply with the existing bond conditions. Failing to do so can result in rearrest, loss of bond that has been posted, and other negative consequences.