Daniel Hynes

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Don't commit a new offense while out on bail

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I showed up to court at 8 am this morning for trial. The prosecutor asked me if I received a phone call from my client. Puzzled, I asked him why. He informed me the client was arrested the night before. Thankfully, the police department was kind enough to transport the client to the courthouse so that he wouldn't miss the trial.

However, besides the trial, the client now had to deal with an arraignment on new charges. It can be difficult to argue someone is not a danger if there is an arrest while you are already out on bail. Additionally, committing an offense while out on bail can bring a class A misdemeanor of bail jumping. Part of the conditions of personal recognizance bail is to be on good behavior. An arrest for a crime, is generally a violation of those terms and the judge can revoke bail on the underlying offense. If you are out on bail, do not commit new offenses. If you are arrested, call your lawyer as soon as possible so that he can be ready to argue bail at the arraignment which is usually the next day court is in session, if the bail commissioner does not give you a bail in the amount that you can post in order to be released from the police station/jail.

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Guest Saturday, 24 October 2020