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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118236
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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If I'm out on bail and I get arrested and bail out again.

Resolved Question:

If I'm out on bail and I get arrested and bail out again. What happens?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 8 years ago.
Nothing really happens. You will have to go to court now on both charges The court could have denied you bail on the second charge or hit you with a higher bail amount, but if they granted you bail, really nothing else would be done. It is possible the court could try to revoke your bail on the first case, but if they have not done this yet, chances are they won't.

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Customer: replied 8 years ago.
I will hit accept if you will please answer my questions involving best approach this situation with a primary goal of not going to jail. I will do anything else, probation, community service, house arrest, anything. I just want to be there for my daughter, keep my job, and not leave my wife stranded.
Expert:  Law Educator, Esq. replied 8 years ago.
Sorry, the additionall information did not show up when I answered.

The problem here is two arrests for the same type of charge, which makes the court and prosecution not so inclined to give you any special deals. You will need to come up with some pretty good mitigating circumstances for the scond offense. In many of these intances your best hope is to get your attorney to try to make some lump sum deal, a deal for both charges at one time (assuming they are in the same court).

Chances are pretty good that even with these two charges, if your attorney can get the first one dropped to a misdemeanor, you would not get any jail time on them.
Customer: replied 8 years ago.

These charges are in different counties; therefore, in different courts. My lawyer for the first offense is in Dallas county and I'm not sure if they will represent me in this Tarrant county. Should I definitley tell my lawyer on my first offense that I just got arrested again? My second offense has not been filed yet so I don't have a court date. My first offense has a preliminary trial date set for July 10th. My lawyer set it for trial to force the DA to look at the case. She is hoping that when the DA looks at the case, she is unable to attain witnesses and video evidence because Circuit city is out of business. And that the DA will then hopefully reduce the sentence to a misdemeanor and give me non-reporting probation. If I am given probation on the first offense, will my second offense violate this probation even though it took place before I was given the probation?

Expert:  Law Educator, Esq. replied 8 years ago.
Oh yes, you need to tell your attorney of the new arrest. Hopefully your attorney is right about Circuit City being out of business and not cooperating. If you are given probation in the first case, they will not revoke it because of the second case because you were not on probation when the second offense occurred.

Since they are in separate counties, there is a good chance you will get nothing more than a fine and probation on the second charge and same if the attorney gets the first one reduced.
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