What Happens if You Get Arrested While Out on Bail?


Generally speaking, and in most instances, if you are arrested for a crime, the court will give you the opportunity to post bail and be released from jail or custody. But what happens if you get arrested while out on bail? What are the repercussions? What should you be worried about?

Bail is a Gift from the Court

The ability to post bond is a gift from the court that you receive on one condition. That condition is that you promise that you will attend all of the required court hearings in your case as well as abide by all of the rules that the court places on your release from jail. Some of the typical conditions of bail include the following:

  • Follow all laws
  • Refrain from illegal drug and alcohol use
  • Avoid specific places
  • Stay away from convicted felons
  • Don’t go near any weapons
  • Obey curfew
  • Refrain from contacting the alleged victim
  • Continue employment
  • Continue attending school
  • Remain in the area

One of the problems that you are going to face if you are arrested while out on bail is that you would have formally broken that promise made to the court, stating that you would follow all laws during your criminal trial.

An Arrest While on Bail Means Three Things

If you are arrested again while out on bail, you should have several concerns. Being arrested while out on bail can have a direct effect on the direction of your pending case. There are three specific consequences that you should be concerned with the most.

Being Arrested Can Affect Plea Negotiations

First, being arrested while you have one criminal court case pending could complicate any settlement negotiations or progress toward a case settlement your lawyer has made with the prosecutor. Unfortunately, the prosecutor could possibly take any plea deal that had previously been made with your Indianapolis criminal defense attorney off the table, and quickly start negotiations all over or potentially end plea bargain negotiations altogether, only to pursue the new criminal charges.

The Crime Bail Crime Complication

If you are on bail for a felony matter and have been arrested for a new felony offense, you could be in deep trouble. This particular scenario is commonly referred to as “Crime Bail Crime”. The law states that if you are currently released on felony bail and are subsequently arrested for a new felony offense, the prosecutor could possibly charge you with an enhancement for a “crime bail crime”. This is an enhancement which could add potentially two additional years to any sentence you could possibly receive on the new arrest that occurred while you were free.

An Arrest Can Force the Court to Make a New Decision

Because of the new arrest, the court can make the decision to do one of the following actions:

  • Revoke your bail bond
  • Take you into custody and not allow new bail
  • Increase your existing bail requirement

If your bail is revoked or increased, which should be a concern if someone cosigned for bail bond, any of the money you have would have already paid to a bail bonds company is essentially gone. Furthermore, even if the court will grant you the ability to bond out of jail again, you will need to post bond for both criminal cases to get out of jail IF your original bail was terminated when you were arrested again while out on bail. This means that any of the bail bond premium that you paid to the bail bondsman for your first release from behind bars will no longer count, and you will need to cover the amount due for the two new bail bonds.

Don’t Get Arrested While You Are Out on Bail!

The truth is, if you are out on bail, make every attempt to stay out of trouble, at least until your original court case has been resolved. If you have any questions, call and speak to your criminal defense lawyer, these are great questions to ask defense attorney during your next meeting.