Bail law
Arrested Again While Out on Bail: the PC 12022.1 Enhancement
A new arrest while released on an existing case is not simply a second case. California attaches a specific consequence to committing a felony while on bail.
People assume a second arrest while on bail is just another case with another number. It is not. California attaches a specific, additional consequence to committing a felony while released, and it is one of the few things in this area that can add years rather than dollars.
What Penal Code 12022.1 does
Penal Code 12022.1 addresses what it calls a primary offence and a secondary offence. Where a person is released from custody on a primary felony — on bail or on their own recognizance — and commits a secondary felony while on that release, the statute provides for an additional two-year term, served consecutively, on conviction of both.
Two points people get wrong. It applies to felonies, not to every new arrest. And it turns on conviction of both offences, so an allegation at booking is not the same as the enhancement ultimately applying — charging decisions belong to the prosecutor, not to the arresting agency.
What happens to bail immediately
| A second amount | The new case has its own bail figure. Penal Code 1269b(g) means the first bond does nothing for it — see holds and multiple cases. |
| The original release is at risk | A court may increase bail or order the person remanded on the first case. Penal Code 1289 allows bail to be increased on good cause once the case is in the trial court — see bail revocation. |
| The figure can jump | An alleged enhancement is priced into the schedule alongside the charge — see how enhancements change bail. |
| Supervision holds | If the person was also on probation or parole, a hold may keep them in custody regardless of any bond — see probation violation. |
If you are the co-signer on the first bond
Call the agent who wrote it, the same day. Do not wait to see what happens. Your indemnity obligation runs until the bond is exonerated, and a new arrest changes the risk on the original bond as well as creating a second one. Options are limited but real — see removing a co-signer and bond surrender.
What actually helps
A criminal defence lawyer, immediately, and on both cases. This is the scenario where the interaction between the two matters is the whole problem, and it is not something a bail agent can advise on. We can tell you what the amounts are and whether a hold exists; the rest is legal work.
Related
WarrantsWarrant RecallA bench warrant can often be recalled — sometimes with no custody at all.Read more
FTAFailure to AppearWhat a missed date triggers, and the forfeiture clock that starts.Read more
HoldsHolds and Multiple CasesWhy posting bail does not always mean release.Read more
Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.
Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing on this page is legal advice and we cannot predict how any case will be charged or resolved. California bail license 1841014.
Talk to a licensed agent now
Open 24 hours(714) 520-2002
North county and the 57 corridor(657) 286-5038
North county and the LA County line(562) 690-8303