The process of posting bail, getting bail bond services, and securing a defendant’s release can be overwhelming and confusing. That process can become even more complicated if the defendant is arrested for separate new charges while released on bail.
New charges are separate from old charges and can result in a new bail hearing.
In the case of a second arrest, while someone is out on bail, 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 bail amount will be set based on the new case’s details, whether it is a misdemeanor, felony, 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 bondsman to inform him of the situation and then begin the process of getting an additional bond with the bail bond agency to secure the defendant’s release again.
Consequences of a new arrest while out on bail
While the new bond is treated as entirely separate from the old bond, there are other consequences to adding a second criminal charge when someone is out on bail. Suppose the defendant was in violation of any of the original bail agreement terms, when he was arrested for the second charge. That may result in other factors related to the new bail that the judge will consider.
Bail Increase
When bail was set for the first arrest, the judge made a decision on the bail amount based on several factors like flight risk, repeat crimes, and danger to the community. When the defendant is arrested for another charge, all of those factors increase significantly, so the bail amount for the new charges may be higher than the amount paid for the original bail.
Bail Revocation
A more serious consequence of the second arrest is revocation of the original bail altogether. The arrested person will attend a court hearing where he can describe the circumstances of the new charges and plead his case 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 in both the first and second arrest 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 full amount of the bail may be due to the court. If the defendant used a bail bond company, the bondsman’s insurance company would pay the 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 the 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. If you miss a court appearance, it can cause the consequences mentioned above to be more serious. 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 second arrest are steep when someone is out on bail. 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.
