If you’ve been charged with one crime and released on bail then charged with another related to the same incident, can you be sent back to jail during the arraignment for the second charge?

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If you’ve been charged with one crime and released on bail then charged with another related to the same incident, can you be sent back to jail during the arraignment for the second charge?

My husband is charged with aggravated criminal sexual contact in the third degree. He has already has his arraignment and been bailed out. He recently was also charged with Endangering the welfare of a minor in the third degree and got his arraignment date for that charge. I want to know if he will go back to jail after the arraignment for that charge.

Asked on February 19, 2012 under Criminal Law, New York

Answers:

TestUser2 Qa

Answered 9 years ago | Contributor

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Richard Southard / Law Office of Richard Southard

Answered 9 years ago | Contributor

It's not clear from your question if the new charges came via a new arrest or a superceding indictment.  In any event, the rule in New York is that bail can be changed when there is a change of circumstances.  New charges qualify as a change in circumstance so an existing bail order can be modified upon arraignment on new charges.  If as I suspect there was a new arrest adding new charges, then a separate bail can be imposed on the new case.  It seems like the new charges are only misdemeanor charges, so bail should be nominal if your husband has been making his scheduled court appearances.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If added charges have been filed as to your husband stemming from the same incident where he posted bail for the initial charges, he most likely will be requested to post an additional sum for bail as to the new charge filed against him. If he cannot post the additional sum set by the court for bail (assuming a new sum is requested), he most likely will be jailed pending the trial of the charges against him.

If he does not have a criminal defense attorney representing him, I suggest that he consult with one as soon as possible.


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