seth said:
so the police can just arrest you over and over, and keep charging you bail money or clerk fees? for the same crime? what a racket!! why is this allowed?
Well, there's a number of reasons why this can happen. One of which is that the police take someone into custody and the DA decides there isn't enough evidence to get a conviction. So the DA may want more investigation work done to strengthen the case. The arrested subject(s), not knowing what is happening behind the scenes, will often post bail as soon as they can and be released from custody.
If the DA doesn't file charges within a certain period of time, the bail is exonerated. In other words, the subject is no longer out on bail and the case is in limbo. If they had purchased a bond through a bail bond company, (usually for ten per cent of the total bond)they do not get any money back and the bail bond company has basically fulfilled their obligations, the bond no longer exists.
Fast forward a month or two. The subjects are again arrested on the charges which stem from the original arrest that the DA hadn't filed on. The arrested party(s) must again post a whole new bond to be released. It will again cost them the same non refundable ten per cent of the total bond amount to be released. Yes, a double whammy!
I believe this is becoming more common, especially in cases where the bail amount is high and the suspect has no problem raising it. I know of a couple who recently went through this. They were suspected of manufacturing and dealing meth. A search warrant was served on them and the officers of this task force basically destroyed everything in the house. I heard it was a real mess. They were each held on fifty thousand dollar bonds, which they put up the following day. Charges weren't filed and their bonds were exonerated and they were relieved, thinking it was all over and just cost them ten thousand dollars they would never see again.
One month later, their home was tore up again, just as bad. There was no one home at the time and no additional evidence was collected the second time around. When they heard of this happening they contacted their lawyers, who informed them that the DA had filed charges after all and they had to cough up another ten thousand dollars to remain free. That made twenty thousand dollars gone, vanished in the wind.
The warrants for each search were identical in wording and description. The only exception is a different judge signed the second one. I had to think this tactic was used to hurt them financially, although I'm sure it would be argued that the police don't play those games.
If someone finds themselves in this position, they can have their attorney make a request to the judge to continue the bond until it expires so that if and when charges are filed, the bond is still good.
I imagine that the more this type of thing occurs, word will get out and attorney's requesting for a bond to remain in effect for their clients, will become a standard practice.
Which is another good reason to hire an attorney as soon as your arrested,,, they know about these kind of things and will save their clients money,,,, which they themselves can then collect.
