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Bail while out on bail?

hands holding chain linked fenceIt is not that uncommon for people not to understand what they should expect when they or a loved one has been arrested. For a person who has never experienced this situation before, it can be somewhat intimidating, and although no one ever wants to find themselves in this type of situation, it is always a good idea to know what to expect as far as the general process is concerned. There are some common questions that people have concerning bail and bond regulations as well as what can be expected during the bond process.


One of the most common questions concerning the bail bond process is: What happens if the defendant is rearrested while out on bond? Can a person post a separate bond after being arrested while out on bond? There are a number of bond restrictions that apply to specific situations, so, not every case is the same. The simple answer to this question is, yes! A person can post what is known has a double bond, meaning that both bonds will be in effect until the corresponding cases are disposed of.


Bond Eligibility


Generally speaking, bond eligibility is determined by the court system during the arraignment. As far as bail bond limits, that will be determined by the judge. When a person is arrested, they will be taken before an arraignment judge who will have the facts of the case read to them. It is not this judge’s responsibility to ascertain guilt or innocence. They will be determining two primary points concerning the case: Was there probable cause for the arrest, and will bail be set? It the judge determines that the defendant is eligible to be released on bail, they will also determine the amount of bail. There are some general guidelines, but it is usually at the discretion of the judge.


Bond Restrictions


At the time that the judge sets the bail, they will also establish any specific bail restrictions, such as not going near the alleged victim or not leaving the state. In addition to any bail restrictions set by the judge, the bonding company may also place certain restrictions on the defendant. This is done to protect their interest.


As far as double bail is concerned, this will be up to the court, but as a general rule, if the judge does not consider the defendant to be a flight risk or a danger to the public or themselves, they will normally allow double bail. The bail is normally higher the second time around, even if it is for the same offense. Bail bond limits can be associated with the crime, or they can be implemented as a protective mechanism by the bonding company. The bonding company is not concerned with guilt or innocence; their primary focus is on accessing the risk of the individual failing to appear on their set court dates.


Available collateral can also influence bail bond limits. As stated earlier, there is no cookie cutter blueprint for what can be expected, but the common course of action would dictate that a person could post bail, even if they are rearrested while out on bail.

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