There are many times that the scenario has been exhausted with the offender being out on bail and then being re-arrested. This situation will prove to be difficult, and somewhat unknown in the final outcome as each individual State within the United States has its own statutes and limitations. Your unique and individual case will also reflect differently when not only seeking bail but also seeking to be understood within the process of seeking bail for the second time. In this article we will unpack the process of what this looks like, and as always, please be sure to contact Gage Gandy for detailed information regarding your specific circumstances.
What if bond has already been surrendered?
When the defendant is back in custody, that would be the best time to surrender the bond and your liability will become terminated. There are two specific challenges with this that are important to note here:
• if you decided to surrender the bond you will automatically lose the premium that was paid
• if you decided to get the defendant out on bond again, it will now be mandatory for you to post two new bonds in addition to paying the premium on both of the bonds once again
Because of this new arrest, the court could make any of the following a reality given your specific circumstances and penalties already applied to you in your original arrest:
• revoke your bail
• take you into custody and not set bail
• increase your bail if bail was set below the initial bail schedule
As a basic rule, if your bail is revoked or increased, the money you have already paid to the bail bondsman is essentially gone forever.
Are there any other complications to be worried about?
Actually, there are two serious implications you should take great care to be aware of, which will affect not only the original case that caused the initial arrest but also the new one you are now facing:
• Settlement Negotiations: being arrested the first time is challenging enough for any lawyer, yet when paired with a second arrest, you can guarantee that any of the previously agreed upon settlement or progress made on your behalf is now severely compromised. The prosecutor is most likely to take any plea bargain reached and not only take it off the table but require new negotiations to be reached for the previous and the current charges, or simply eliminate plea bargaining altogether and go straight to pursuing charges for both.
• Crime Bail Crime: if you were previously arrested on a felony matter and are rearrested while out on bail for a new felony, you are in some serious trouble. The prosecutor could very well charge you with an enhancement for a crime bail crime, creating the opportunity for you to have an additional two years added to any sentence you would receive on your new arrest.
To conclude, it would be in your best interest to retain the services of an experienced and professional bail bondsman to assist you in addressing your specific case, needs, and negotiations. Their assets will be invaluable to you and your ability to navigate what comes next in the bail bond process, as well as answer any questions you may have regarding your previous collateral for bail. At Gage Gandy, we are here to help simplify and expedite the process for your freedom and moving forward with the best possible scenario, reflective of your State, case, and viable options.