Consequences of New Charges for Individuals on Bond

When individuals receive new charges while out on bail, the implications can be significant, affecting not only their current legal situation but also potential future bond terms. This article provides an overview of what happens to individuals who receive new charges while on bond, with a focus on the legal processes and potential outcomes in different scenarios.

Understanding the Impact

The receipt of a new charge can have severe consequences for someone who is already out on bond. In most cases, the bond may be forfeited, resulting in immediate arrest and a return to custody. Once in custody, the individual must once again go through the bonding process, often with more stringent conditions.

Case Example 1: Same Act, Different Charges

Consider a scenario where a person is initially charged with assault and posts bond to remain out of jail pending trial. During the course of the incident, the district attorney's office also files a charge of reckless endangerment, alleging that the person placed a bystander at risk during the assault. In this case, while a new charge is added, it relates to the same act as the existing charge.

Upon arrest, the individual will face another bail hearing. In many jurisdictions, the original bond might be vacated, and a new, possibly higher, bond amount set. This reflects the severity of the combined charges, though the individual may still be able to post a new bond with the assistance of a bail bondsman, provided they meet the financial and trust requirements.

Case Example 2: Separate Acts, Separate Charges

Alternatively, imagine a situation where a person is initially charged with assault, but while out on bond, they become involved in another incident and are charged with an unrelated crime. In this case, the bond may be revoked, and the bond amount or posted security forfeited. The individual will, of course, be incarcerated for both charges.

Laws and Procedures

The decision to revoke bail or impose stricter terms is often at the discretion of the judge. In minor cases or where there are mitigating circumstances, such as a first-time offense, the judge may choose to do nothing or simply impose more stringent bond conditions. However, if the new charge is serious or demonstrates a pattern of disregard for the law, the judge may decide to not only reorder the individual's custody but also add additional jail time to their sentence.

If bail is revoked due to criminal activity, the individual may face significant challenges in securing future bonds. Many jurisdictions consider such an incident as grounds for denying future bond requests, making it difficult to avoid incarceration for subsequent offenses, even if they occur years later.

Legal Definitions and Terms

It is essential to understand the legal terms involved in this process:

Bail: A sum of money or property posted to release a person from custody pending trial, with the agreement that the person will appear in court as required. Bond Revocation: The process by which the court cancels a bond, typically when the individual has committed a crime or failed to adhere to the bond conditions. Forfeiture: The act of losing collateral, such as money or property, that was posted as a bond when an individual fails to meet the bond terms.

In conclusion, the legal consequences of receiving new charges while out on bond can be severe and long-lasting. Understanding these implications is crucial for individuals in this situation, as they may significantly impact their ability to secure future bonds and their overall legal outcome.

It is always advisable to consult with an attorney to navigate these complex legal issues effectively.