When a defendant is released from jail using a bail bond, they are only released with the promise that they will follow certain rules. These rules usually include returning for court dates and not getting in any more trouble. Unfortunately, some people do get arrested while they are out on bail for a previous matter. Read on to learn what could happen to that defendant when they want to get out of jail again.
Bail Is Revoked
Although each case is different, an arrest may signal an automatic revocation of bail. That means that the arrest triggers a notice that the defendant is no longer legally out on bail. Many times, the defendant is in jail when their bail is revoked. However, if they were released on their own recognizance, an arrest warrant is issued because of the bail revocation. The defendant is now at risk of being picked up and arrested.
The Bail Is Cancelled
When bail is revoked the original bail is cancelled. If the bail was paid using a bail bond, as most are, the bail agency that issued the bond is no longer responsible for the defendant. If the defendant used a co-signer to obtain the bail, that co-signer is no longer financially responsible for the defendant either. However, the bail or bail premium is not refunded to the co-signer.
Getting Bailed Out Again
In some cases, the defendant may be offered bail again after being arrested. It depends on the seriousness and circumstances of the charges. For example, if both offenses were misdemeanors, the defendant might be offered bail for the second arrest. However, the judge is likely to look at the totality of the two cases and the charges to make that determination.
Being arrested again complicates matters in several ways. The defendant may be left in jail if they are determined to be a flight risk. The judge might offer bail, but the bail amount could be exorbitant. Other safeguards may also be involved, such as ankle monitoring and more.
Being re-arrested can also affect plea bargain negotiations. Not only does the defendant now have more charges to fight, but the prosecutor's office may not be as generous with a plea bargain if additional charges are present.
Being bailed out may be possible again and some bail agencies will accept a defendant's case if they have reoffended. Speak to a bail agency and find out how much bail will be if your loved one has been arrested for a second time. If the charges are relatively minor, bail may be entirely possible though it's up to the judge and not the bail agency.
For more information, contact a local bail bondsman.