The process of getting released from jail after an arrest can be overwhelming and confusing. This is why Bail Agent Network created the nation’s largest online directory of bail bond agents, to help you or a loved one find bail bond services easier, and, in turn help you securing the defendant’s release. If you are arrested or if you get a new charge while out on bond, it can really complicate the process. This is because if you get arrested and face any new charges you got while out on bond will be separate from your original charges and you will have to have a new bail hearing.
What we are trying to highlight is that, if you are out on bond and get arrested, the new charges will be subject to an entirely new bail process with the court. The defendant may be held on the new charges until the second bail hearing is complete. A new total bail amount will be set based on the new case’s details, whether it is a misdemeanor, felony, and/or if the defendant is a high risk for committing another crime.
It is important to remember that the original bail bondsman will not automatically be notified of the second arrest. Someone will need to call the bail bond agent to inform them of the situation and then instruct them that you need to once again enlist their help to secure the defendant’s release from jail/
Consequences of a Getting a New Charge While Out on Bond
While the new total bail amount is treated as entirely separate from the old bond, there are other consequences to adding a second criminal charge when someone is out on bond. As an examples. if the defendant was in violation of any of the original bail agreement terms, when they were arrested for the second charge, that will likely lead to the judge increasing the total bail amount for the new charge. In addition to having a higher total bail amount, the defendant could potentially face any of the following for getting arrested while out on bond.
Bail Revocation
A possible consequence of the second arrest is the revocation of the original bail altogether. The arrested person will attend a court hearing where they can describe the circumstances of the new charges and plead as to why those new charges shouldn’t impact the initial bail agreement. The judge will then decide if the bail should be revoked.
If the judge rules that the bail should be revoked, the defendant will be taken into custody, and the bond will be revoked.
While it is a possibility, it is not guaranteed that a revocation will occur. The hearing result is uncertain and is based on the criminal charges the defendant is accused of committing and the state and county guidelines.
Bond Forfeiture
If a judge rules that the original bail should be forfeited and the defendant is taken into custody, the total bail amount may be due to the court. If the defendant used a bail bond company, the bail bond agent’s insurance company would pay the total bail amount to the court and you will need to work with the bail agent directly to pay any fees or turn over any collateral that was provided. State and Federal Courts both require that the defendant and cosigner be notified in writing about a bail revocation.
Crime Bail Crime
If a crime is committed while a defendant is out on bail, the prosecution can move for a crime bail crime enhancement of the sentencing. The prosecution’s primary argument will be that the crime would not have occurred if the defendant remained in custody.
If the defendant is convicted of both the original criminal charges and the new criminal charges, then the judge can add up to two years of jail time to the sentence. However, the sentence may not be enhanced if the defendant is not convicted of both crimes.
Changes to Settlement Negotiations
A second arrest can cause the defense lawyer from the original case to have to renegotiate the case with the judge and may restart any plea bargain negotiations. In some cases, the prosecution may push for a trial in court rather than allowing for a plea bargain.
Missing Court Hearings because of New Arrest
The risk of missing court hearings from your original case because of the new arrest is a huge concern if you are being held by law enforcement while waiting for a new bail amount to be determined. If you miss a court appearance, it will likely be met with a fair amount of repercussions. It is common for a bail revocation to occur after the defendant misses a court date, even if the second charges would not have caused a judge to cancel the original bail.
The consequences of a an additional charge while a defendant is out on bond can be very secure. From the loss of collateral to the additional sentencing ramifications, it can be quite serious. Communicating with the bail bond company and your defense team is the best way to manage the outcome.
