Being arrested while on bail is a potentially dangerous situation. A charge or offence you were dealt with upon release from jail can be re-adPLIED to you after you are rearrested or transferred to a new charge.
Keep in mind that this does not apply to minor offences like possession of an insignificant item such as a CD or movie tape. Re-application for crimes like these is easily manageable with the help of an attorney.
The issue that needs to be addressed is keeping track of court deadlines and updates.
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Go to court as scheduled
If you are arrested for a parole violation, bail will be higher. If you are convicted of a crime while on bail, your bail will still be higher.
If you are banned from being near criminal defendants due to a community-justice settlement, then you may be denied full release on bail as part of your ban.
If you are forbidden from leaving your home or the neighborhood where you live due to the risk of re-offending, then it is important that you remain confined to your home. You may not go out in public without special permission from the court.
To avoid having to pay expensive and unnecessary cash bonds when attending court, being released on pretrial release (usually around six weeks before trial) can help reduce your risk of re-offending. To learn more about pretrial release, contact an attorney today.
Tell the judge what happened
If you are arrested while on bail, the judge can revoke your bail. He or she will decide if the crime you were charged with was serious enough to prevent you from being released.
If the crime was minor, the judge may determine that your freedom should be maintained until your case is resolved.
Some crimes can make a person ineligible for bond. For example, if you were accused of a violent crime, you may not be able to get bonded out of jail because of human rights laws.
Others than crimes like fraud or drug possession that make someone ineligible for bond include violence against family members, violence against property, or when there is a risk to public safety.
Receive a new court date
If you get arrested while out on bail, you may receive a new court date via mail. If your arrest occurs during the period of time that your court date is scheduled, you can request that the date be expedited.
During this period of time between the original jail release and the new court date, your case may be reevaluated by a new prosecutor or judge. This process can lead to another release from jail or courtroom appearance, if you show up.
If your case is reevaluated by a different lawyer or judge, it may lead to a different sentence or bondsman may enter a plea of not guilty so you do not get locked up.
Having an early court date can help reduce delay in justice and increase your ability to attend hearings.
Go to jail
If you get arrested while on bail, the police can bring you to jail. This happens more often than you think!
The first few days after being arrested, your family and friends can contact the police to let them know where you are. This is called a custody-based call or an address call.
If you have been released on bail, the police still need to come and take you into custody if they find you missing or run into difficulty getting you back. If this happens and you are out on bail, there is a good chance that the court will release you with conditions.
Those conditions may include staying at a given address, not going anywhere without them around, and only coming with family or friends who are firmly attached. Even with these conditions in place, the police can still come and take you if they feel it is necessary.
Have your bail revoked
If you are arrested while on bail, your release or bail will be revoked. This happens when a judge decides that someone else’s safety does not require their freedom.
This can happen if you are charged with a violent crime, or your bail is set as low as possible. The judge feels that there is a good chance you will show up for your court date, so they release you on bond.
If you are currently on bond, it can be difficult to get thrown out. The authorities have to prove that you are not going to show up before they even consider revoking your bond. Having no bond means that you are free to run away, but still needs to be present for this to happen.
Appeal the decision
If you get arrested while on bail, you have the right to appeal the decision to send you to jail. This can be difficult, if not impossible, to appeal your sentence during your time on bail.
Most jails and prisons offer video recording systems so you can record the proceedings against you at your court date. You can also ask a close friend or family member to record the proceedings for you.
If your case is found guilty, then the judge or jury must reduce or revoke your bail. If you were released on bond, then when they return back into court they must post new evidence that you are a safe person to release again.
If new evidence was not posted by the court date, then they will likely send you back to jail until they do it.
Talk to your lawyer about options
If you are arrested while on bail, your lawyer can help you decide what your options are. For example, if you are accused of a crime, your lawyer can determine if you were released due to lack of evidence or protection.
It is common for people who are accused of a crime to make appearances at the police station and in court when they are still on bail. This creates a risk that the person will run into the authorities while free, and possibly re-offend.
It is very important that you do not appear at court and at the police station to let them talk to you about getting out of jail because it is too late for that. If you have to go through this process, it is important that people be prepared for it.
Know that if you miss your new court date, you will be arrested and jailed
At that point, your family and friends can not help you. If you are in jail, it is very difficult to get help. A lot of people there are just waiting to get out to tell you how bad it is.
If a judge orders you jailed during your stay on bail, he or she has the right to release you immediately or charge you later. If released early, the judge may order you to return before the next court date so he or she can release you again.
If ordered held until trial, many people die from stress-related diseases such as hypertension and depression. Bail is not a barrier against crime and abuse, but it does have its effects.