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If You Post Bond for Someone and They Go Back to Jail, What Happens?
When you get an unexpected call from a family member or someone you care about asking you to post bond for them, you immediately begin wondering about the process. If you have never bailed someone out of jail, you likely wonder what will happen to your money if they end up being re-arrested.
We are here to set your mind at ease by providing you with the information you need. We understand this is a confusing time. Allow this guide to give you peace of mind and help you make those tough decisions.
What Happens If You Bail Someone Out and They Go Back to Jail?
When someone gets arrested on a first offense and is released on bond, they are required to abide by any release terms that the court requires. While most defendants do everything possible to stay out of trouble while waiting for their court appearance, mistakes can happen. So, what happens if someone gets re-arrested?
The answer to the question of, if you post bond for someone and they go back to jail, what happens, is, it depends on the type of bond posted. If a surety bond was posted by a bail bonds company, it does not mean you get a refund. The bondsman keeps that fee (usually 10%). You will need to pay for a second bail bond if the cour authorizes it.
Will You Lose the Full Amount of Your Bail Money Payment?
Will the existing bond be forfeited? Will the defendant lose the money that was paid? Will the defendant need to seek a new bond for their second arrest? We will answer these questions to help you better understand what to expect from the process, should you promise to help out a family member or friend.
A Second Bond Is Required
If you co-signed a bond for a defendant, this bond will not cover a re-arrest. For this new arrest, the defendant will be responsible for going through the same court hearing process as before. The judge will determine the bail amount based on the defendant's flight risk, and once it is set, the person is supposed to pay bail or seek new bail bonds from a bondsman.
You will need to contact the bonding company that handled the first surety bond. The jail will not inform the bond company, even though they paid the first one. Once again, the defendant must pay the non-refundable fee required for the bondsman's services.
As with the requirements of the first bond, defendants must return for all court dates. If the person fails to show up for their court date, one or both bonds could be forfeited. The defendant would be arrested into custody and brought in to stand trial.
What Are the Consequences of Getting Arrested While Out on a Bond From a Bail Bondsman?
It is important to note that being re-arrested will not cause problems for a defendant's current bail bond money. Other ramifications of being re-arrested could result, including the following.
- All crime deals or agreement negotiations in progress with an attorney or prosecutor could be lost because of the re-arrest.
- The defendant could be charged with a new crime, which means they could end up with a higher sentence and spend more time in prison.
- The court could authorize no bail on the second offense, and revoke bail on other pending cases.
Allow a Bail Bonds Agency to Give You Answers
When you get the call to help out a loved one, making the right decision is important. You should never feel pressured to co-sign a bond without being sure it is right for you.
We are here to answer your questions and offer sound guidance. Our goal is to help you make sense of the confusion and understand your responsibilities should you decide to co-sign a bond on behalf of a defendant.
