If a loved one has called you and asked you to secure a bail bond for them to get them out of jail, it's important to understand what kind of responsibility you're taking on. Most people understand that cosigning on someone's bail means that you're responsible for making sure that they show up in court when they are supposed to. Failing to show up in court can result in bail revocation. What most people don't understand, however, is what happens if that person is arrested for another crime while they are out on bail. Here are some basics to know if you find yourself in this position.
What It Means When You Cosign A Bail Bond
In order to fully understand the repercussions of a subsequent arrest while on bail, you have to understand exactly what it means to cosign a bail agreement for someone. When you sign that bail agreement, you take responsibility for that person. You agree to ensure that they make all their court appearances and to know where they are at all times.
As part of that, you put up something of financial value as a means to secure that bail. If something happens, you will lose that money. That means that if they don't show up to court, if they don't check in with the bondsman like they are supposed to, or if they get rearrested, you may lose your bond security.
What A New Arrest Can Mean
If you have secured a bail bond for someone and they are arrested again afterward, their bond will typically be revoked by the court or by the bond agent. As a result, once that bond is revoked, you are relieved from your responsibility for that individual. However, it also means that you will not get back any of the money that you spent to secure their release.
It doesn't matter if the arrest is due to a probation violation or due to a whole new crime, the results are the same.
What A New Arrest Can Do To The Current Case
In many cases, once someone is arrested a second time, it can directly affect the original case as well. If the case is in negotiations for settlement, being arrested again can hinder those settlement negotiations. Unfortunately, it can actually lead to the prosecutor deciding to pursue the case in court instead of offering a settlement because the second arrest sets a pattern of behavior.
What A Second Arrest Can Mean For Felony Charges
If the first case was a felony and the second arrest is the result of a felony as well, this can have more significant repercussions for the cases. In fact, a subsequent felony after the original can lead to an enhancement on your original case for what is known as a bail crime. This can lead to further charges and possible worsened penalties for each case.
What A Second Arrest Means For New Bail
A second arrest will typically result in revocation of the initial bail. After that happens, the individual will be taken back into custody and then have to seek new bail to be released again. Sometimes, the bail amount will be increased to account for the additional charges, so you would have to post more to get him or her out. In other cases, particularly in the case of significant crimes, the judge may decide to withhold bail altogether. If this occurs, you won't be able to get your loved one out of jail before the hearing.
The more you understand, the easier it is to be prepared for the responsibility. Talk with a local agent who offers bail bondsman services near you for more information.Share
15 October 2018
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