People get arrested day in and day out, and with most arrests, you can quickly post bail and secure the release of a friend or loved one. Knowing what to do in these situations is key to reducing the amount of time someone has to spend in custody. However, what happens if someone is re-arrested after being released on bail?
Re-Arrested While Out on Bail
In California, when someone is released on bail, the bail bond company and the co-signer of the bail bond share the responsibility of making sure that the defendant shows up for court at the appointed date and time. If the person who is out on bail is re-arrested, whether it be for a new crime, parole violation, or some other reason, the bail bond company and co-signer of the bail bond are relieved of their responsibility toward the defendant.
Getting re-arrested while out on bail can significantly impact the course of the previous case, as well as the new case for which the defendant was arrested. The new arrest will generally thwart any attempt to settle the case between the defendant’s lawyer and the prosecutor (if any). This can either result in restarting the negotiations themselves, or simply ending them altogether and moving forward with prosecution.
The court will also decide if they’re going to set bail once again (at a much higher amount), or revoke bail altogether and force the defendant to wait in custody until their trial plays out. When bail is revoked, any money originally paid to the courts to secure a defendant’s release is forfeit. If a bail bond was used, another bail bond will be needed to get the defendant out of jail once again, but only if the judge chooses to set bail. If no bail is set, no bail bond can be obtained.
It’s always best to play it safe while out on bail and not to engage in any activity that may lead to breaking another law (even a minor one) and/or re-arrest for any reason. Always comply with any and all conditions set by a judge for a defendant’s release, and always, always show up for court at the appointed date and time.