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After Im already bailed out can i be rearrested at my first court date?

Huntington Beach, CA |

Im out on bail and my first court date is next week. I want to know if the court can raise my bail and/or rearrest me? If so how likley os this to happen?

Attorney Answers 4


Yes they can. Whether they will or not depends on the circumstances of your case, your prior criminal history if any, and whether or not you pose a flight risk.

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Yes, the Judge can raise your bail and the prosecutor can request a bail increase. However, they can only do this if you are being charged with a more serious crime or additional charges that you were not being held for when you first bailed out, or if the prosecutor can demonstrate a legitimate need for increasing the bail such as a great risk of flight or to protect a person or the community.

This answer is based on California law and procedure and does not create and attorney-client relationship.

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Yes they can! If you have already bailed out on one charge, they DA may add or change charges and then ask for a higher bail if your bail amount doesn't meet the scheduled bail. This can all be avoided if your attorney talks to DA out of this and it is based on your criminal history and if you have failure to appears.

If you would like to discuss this more, or have any other questions, please feel free to call me. I would be glad to answer any questions you have for free.

Elliot Zarabi

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You've gotten answers that say yes, they can. I agree with that part, but I'll give a slightly different spin on things from there.

Typically, if the police can arrest for a felony or some bigger crime, they book you on that and that's what the initial bail is set at. If the DA files lesser charges or a misdemeanor, your felony bail should be enough and you wouldn't be taken into custody. A prime example is domestic violence. If there is a call of domestic violence and there is any sort of injury, the police book for a felony domestic violence charge. Why? Because the "standard" DV charge is a "wobbler" and can be either a felony or a misdemeanor. If they book you on a felony, it's a felony arrest on their books, it impacts their statistics, politics, money allotment from the city council, etc. Even if the DA would NEVER file a felony on your case, they can still book you on a felony.

So - if you were booked on a charge that *could* be filed, but the DA files less, your current bail should be just fine.

Of course, if the opposite is true, then they could argue for an increase in the bail and the judge *could* take you in.

That's where having a lawyer that you've retained and one that is prepared comes in. Your lawyer can argue that the current bail should be enough and argue against an increase in the bail so you remain out.

Since you haven't indicated what the nature of your charges are (and don't post more details here), that's a general overview. If you haven't already done so, it's time to get a lawyer to be there with you in court at your first arraignment - or to appear on your behalf it it's a misdemeanor.

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