What Happens If Someone Is Back in Jail While They're Already Out on Bond?
Updated: Sep 7
What Happens If Someone Is Back in Jail While They're Already Out on Bond?
Being arrested a second time while someone is already out on a bail bond can create a confusing situation for the defendant and their family.
One of the questions that often comes up is:
“What happens to the original bail bond if the person is back in jail?”
In Florida, there is a process for surrendering a defendant on a bail bond. The exact procedure can depend on the circumstances of the case, the jail, and the court involved, which is why contacting a licensed bail bond professional as soon as possible can help you understand what needs to happen next.
Florida Boy Bail Bonds provides 24/7 bail bond assistance throughout Miami-Dade County, Broward County, Davie, Hollywood, Fort Lauderdale, Hallandale, and surrounding South Florida communities.
Why Would a Bail Bond Need to Be Surrendered?
A surety may seek to surrender a defendant when circumstances change after a bond has been posted.
For example, a person may:
Be arrested again while already out on bond
Be taken back into custody on another matter
Have circumstances that make the surety want to surrender the bond
Need the existing bond addressed before another release can be considered
Florida law specifically provides for the surrender of a defendant before a breach of the bond. Florida Statute §903.20 states that a defendant or surety may surrender the defendant before a breach of the bond.
What Does the Bail Bond Surrender Process Look Like?
While every situation should be handled according to the requirements of the appropriate jail and court, the process can generally involve several steps.
Step 1: Complete the Necessary Paperwork
The bail bond company may need to prepare the appropriate paperwork associated with the surrender.
The documents may then need to be taken to the appropriate jail or detention facility where the defendant is in custody.
This is one reason it is important to work directly with the bail bond company handling the original bond. They can help determine what documentation is required for the particular situation.
Step 2: The Jail Takes the Defendant Into Custody
Florida law provides a specific procedure for surrender.
Under Florida Statute §903.21, a surety seeking to surrender a defendant must deliver a copy of the bond and the defendant to the appropriate official. The official takes the defendant into custody and issues a certificate acknowledging the surrender.
This documentation is important because it establishes that the surrender occurred.
Step 3: The Paperwork Goes to the Court
After the surrender has been completed and the appropriate certificate has been issued, the documentation can be presented to the court with jurisdiction over the case.
Florida law provides that, after the required certificate and bond are presented to the court, the court can order the obligors exonerated from the bond under the conditions established by the statute.
This is an important distinction:
Surrendering a bond is not simply the same thing as telling the jail that you want to cancel it. There is a formal process involving the surety, the jail, and the court.
What If the Person Is Already Back in Jail?
If your loved one is already back in custody while a previous bail bond is active, don't assume that the situation will automatically resolve itself.
Contact the bail bond company as soon as possible.
A bail bondsman can review the situation and explain what steps may be necessary regarding the existing bond. In some circumstances, Florida law specifically addresses situations where the defendant is already in jail or prison and provides a process for exoneration of the surety.
Because every case is different, the bond paperwork, arrest circumstances, court requirements, and timing should be reviewed before taking action.
Miami-Dade and Broward County Bail Bond Assistance
Florida Boy Bail Bonds serves clients throughout South Florida, including:
Miami-Dade County
Broward County
Davie
Hollywood
Hallandale
Fort Lauderdale
Miami
Hialeah
Miami Gardens
Doral
Coral Gables
Kendall
Palm Beach County
The company provides 24/7 bail bond assistance and maintains a service area covering Miami-Dade, Broward, and Palm Beach County.
Florida Boy Bail Bonds also provides access to inmate arrest information and public court case resources for Miami-Dade, Broward, and Palm Beach County.
Don't Wait If Someone Is Back in Jail
If someone is back in custody while they are already out on a Florida bail bond, the best first step is to contact the bail bond company that issued the bond.
They can help you understand:
What happened with the existing bond
Whether a surrender needs to be processed
What paperwork may be required
Where the defendant needs to be surrendered
What court documentation is needed
Whether another bond may be necessary
Florida Boy Bail Bonds is available 24 hours a day, 7 days a week to assist with bail bond questions and services throughout South Florida.
Call Florida Boy Bail Bonds at 786-368-3874 for assistance.
When you're dealing with an arrest or a complicated bond situation, having someone available to explain the process can make a stressful situation easier to navigate.
Important Legal Disclaimer
This article provides general information about the Florida bail bond surrender process and is not legal advice. Bail bond procedures can vary depending on the circumstances of the case, the detention facility, and the court. For questions about a specific criminal case, consult a qualified Florida attorney. For questions about an existing bail bond, contact the bail bond company that issued the bond.
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