If you commit a misdemeanor while on bond, you face four possible repercussions. They include bail being set again, maybe at a higher cost, bail being revoked with a remand into jail, bail forfeiture, and the possibility of losing a plea deal. Keep reading to learn more and then contact Law Office of Michael L. Fell at (949) 585-9055 if you are in this situation.

Examples of misdemeanors

The following are some examples of common minor offenses: DUI, possession of a controlled substance, domestic violence, petty theft, and embezzlement are all charges that can be brought against you.

If a person is arrested for a misdemeanor while on bond, the new arrest may result in a new case and a new bail process with the court, which may include a new bail hearing. The arrestee might be held in custody until a new bail amount is set by the judge and the individual posts it.

Can an increase in bail be triggered by a new misdemeanor violation while on bond?

It's possible. As previously indicated, committing a misdemeanor (rather than an infraction or felony) while on bond will result in a new bail hearing. A judge establishes the proper amount of bail that an arrestee must deposit during the hearing. Most states allow a judge to consider the following variables when determining bail: the nature of the conduct committed, the defendant's criminal history or criminal record, and the public's safety.

A fresh arrest might indicate that the person arrested has a history of criminal behavior and constitutes a threat to public safety. A defendant's new criminal charges may also indicate that he or she is a flight risk. Both of these factors might persuade a judge to impose bail at a greater level than usual.

The defendant must deposit the new bail sum to be freed from jail after bail is established. The defendant's initial bond is not used as a credit against the new sum in any way.

What about bail forfeiture and revocation of bail?

When you post bail, a court may set specific requirements that you must follow. A court can, for example, condition your bail on you not committing a crime while you're out on bond. The court has the ability to revoke bail if the new criminal act breaches a condition of your earlier bail. When a bail bond is revoked, the arrestee is usually brought into jail.

If the defendant's bail is revoked, the whole sum of bail must be paid to the court. The court maintains the bond money if a defendant employed a bail bondsman or bail bonds firm to get out of jail and post bail. Bail forfeiture or bond forfeiture are terms used to describe this situation.

The bail sum is paid to the court by the bondsman's insurance company in the case of bail forfeiture. After that, the defendant must turn over any collateral to the bond firm that secured the bond.

Can a new misdemeanor jeopardize a plea deal?

It's possible. When a defendant's criminal defense counsel is in the middle of plea bargain discussions, he or she may commit a new misdemeanor. A fresh set of criminal charges may lead to the prosecution requesting a trial in the prior criminal case rather than agreeing to a plea deal.

As you can see, this is a serious issue that requires the help of an experienced attorney. Contact Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation.