You’re supposed to be on your best behavior when you get out of jail. As a matter of fact, the conditions of your bail are likely to include refraining from committing crimes and from keeping company with people who do. The court has given you a chance to get on the right path, but sometimes mistakes are made and you may find yourself back in jail asking yourself “what happens now”? If you used a bail bonding company to secure your initial release, you will need to call them immediately. While a re-arrest won’t negatively impact your existing bond, there are other potentially serious consequences.
A New Bond Is Required and Each Bond Is Treated Separately
Your arrests and their related bonds are independent of each other. Your previous bond cannot be used to release you from jail. Your new arrest requires a new bond if you want to get out of jail. It is important to know that the bail bond company that assisted you with your original bond will not automatically be notified of your second arrest. You (or someone on your behalf) must inform them of the situation to begin the process of getting an additional bond.
Bail Increase or Revocation
While each bond is entirely separate, there are consequences to adding a second criminal charge when you are already out on bail. The judge will consider many factors including whether or not you were in violation of any of your original bail agreement terms and if you are perceived as a flight risk or danger to the community. In these cases your subsequent bail amount may be dramatically increased or revoked. If the judge revokes your previous bail and denies bail for your new charge, you will be in jail until your trial. If your bail is revoked you or your indemnitor (the person who paid your bond) will also likely lose the non-refundable 10% premium and any other money or possessions used as cash or collateral for your bond.
Crime Bail Crime and Changes to Settlement Negotiations
If you are arrested on felony charges while out on bond for an existing felony case, the prosecution can move for a “crime bail crime” enhancement to your sentencing—their argument being that the crime would not have occurred if you had remained in custody. This means if you are convicted of both the original criminal charges and the new criminal charges, a judge can add up to two years of jail time to your sentence. Depending on the severity of your alleged crime, the prosecutor may decide to dismiss any plea bargains and restart negotiations, requesting the harshest punishment.
Missing Court Hearings
If you are re-arrested in a different county or state, law enforcement is not obligated to transport you to your court dates. You are responsible for showing up to all required court dates attached to each of your cases. If you miss a court appearance you may face even more serious consequences than those listed above.
Call Our Team for All Your Bail Bond Needs!
We understand the bail bond process (posting bail, getting bail bond services, and securing a defendant’s release) can be confusing, and a re-arrest can make it even more so. We are here to help you every step of the way. Call us today!