Repeat arrest is a situation that nobody wants especially if one is on bail, the temporary release of an accused person awaiting trial.
Being arrested and charged with a crime can be a difficult situation for anyone to deal with. A judge usually sets bail for a person, and after this amount is paid (usually through a bail bond), they will be released from jail while their criminal case is ongoing. Unfortunately, there are some situations where a person may be arrested for a separate offense after being released on bail.
In these cases, it is important to understand how a second arrest may affect both the original criminal case and the new charges the person may be facing.
Consequences of Repeat Arrest After Being Released on Bail
The bail a person pays for their initial arrest is separate from any bail ordered for a second arrest. This means that any bail that was already paid cannot be used as bail for a new criminal charge.
When bail is set following a new arrest, the judge may take the previous arrest and criminal charge into account, and this may result in higher bail for the second charge. Depending on the severity of the crime and factors such as whether a person is considered a flight risk, bail may be denied altogether, and the person may be required to remain in prison throughout their case.
A second arrest may also lead a judge to revoke bail for the original arrest. In these cases, the amount of bail that was previously paid may be forfeited. A second arrest that took place in a different jurisdiction from the first arrest can also lead to additional complications since a person who is being held in jail will be unable to attend court hearings in the initial jurisdiction. This may result in additional penalties.
Repeat arrest may also affect any negotiations with prosecutors. If a defendant and their attorney had been working to reach a plea bargain, they may have more difficulty doing so, and prosecutors may pursue more serious penalties.
In addition, prosecutors may charge a person with a “bail crime,” claiming that the second offense would not have occurred if the defendant had not been released on bail. If the person is convicted of both the initial offense and the second offense, up to two years may be added to their sentence.
Contact a Dallas Criminal Lawyer
Repeat arrest is a situation that nobody wants. If you or someone you know has been re-arrested while out on bail, 214 Release: Hindieh Law can help you understand your options for getting out of jail.
We will work with you to find affordable ways to pay the amount of bail in your case, and we will make sure bail is posted quickly so you can get back to your normal life and determine the best ways to defend against the charges.