Getting re-arrested while out on bond is a serious situation that can complicate an already stressful legal process. If you or someone you know is facing this issue, it’s important to understand how the legal system handles such scenarios and what consequences might follow. In this blog, we’ll break down what happens when a defendant gets re-arrested while out on bond and what steps to take if it occurs.
Immediate Consequences of Re-Arrest While on Bond
When a defendant is re-arrested while out on bond, the court typically views this as a violation of the terms set when bail was initially granted. The consequences of re-arrest vary depending on the circumstances, but here are some immediate actions that usually occur:
Revocation of the Original Bail Bond
The most common consequence of being re-arrested while out on bond is the revocation of the original bail. The judge may decide that the defendant has violated the conditions of their release, leading to the bond being revoked. In this case, the defendant will likely be held in custody until their next court appearance.
Forfeiture of the Bail Bond
If the bail bond is revoked, the court may also declare the bond forfeited. This means that the bail money or bond amount posted for the defendant’s initial release is lost, and the co-signer or guarantor who helped secure the bond may be responsible for paying the full amount.
Additional Charges
If the defendant was re-arrested for committing another offense while out on bond, they could face additional criminal charges. This could lead to a more severe legal case, with added complications and penalties. The new charges will be separate from the original case, but they will likely impact the outcome of both.
Impact on Future Bail
Being re-arrested while out on bond can make it much more difficult to secure bail for the new charges or even for the original charges. The judge may see the defendant as a higher flight risk or as someone who is unlikely to comply with court orders. As a result, the court may deny bail altogether or set a much higher bail amount for the new offense.
What Can the Co-Signer Expect?
For those who co-signed the defendant’s original bail bond, a re-arrest can create financial and legal burdens. Here’s what you should be aware of as a co-signer:
Financial Responsibility for the Bail Bond
If the original bond is forfeited, the co-signer may be held financially responsible for the full bail amount. This can be a significant expense, especially if the original bail was high. It’s important for co-signers to fully understand this risk when agreeing to help a defendant secure a bail bond.
Potential for Re-Posting Bail
In some cases, the co-signer may have the option to help post a new bond for the defendant if the court allows it. However, this new bail amount could be higher, and there may be additional fees involved. The co-signer must weigh the financial risks before deciding whether to assist again.
Impact on Trust and Responsibility
Co-signing for a defendant’s bail is a serious commitment. If the defendant gets re-arrested, it could lead to strained relationships between the co-signer and the defendant due to the financial and legal consequences. Co-signers should always ensure they fully trust the defendant to follow court requirements before agreeing to take on such responsibilities.
What Steps Should the Defendant Take After Re-Arrest?
If a defendant is re-arrested while out on bond, swift action is necessary to address the situation and mitigate any additional consequences. Here’s what the defendant should do:
Contact an Attorney Immediately
Legal representation is crucial when a defendant is re-arrested while out on bond. An experienced attorney can help navigate the legal system and may work to minimize the penalties the defendant faces. Additionally, an attorney can represent the defendant in any hearings related to the revocation of the original bail bond or any new charges.
Notify the Your Bail Agent
If the defendant was out on bond through County Bail Bonds, they should notify their agent of the re-arrest as soon as possible. The bail agent may have specific requirements or steps that need to be followed in order to handle the situation, such as arranging for a new bail bond if allowed.
Prepare for Potential Court Hearings
Depending on the circumstances, the defendant may need to appear in court for additional hearings related to the revocation of their original bail or new criminal charges. The defendant and their attorney should prepare thoroughly for these hearings to present any mitigating circumstances and potentially regain their freedom.
Can a Defendant Get Released on Bail Again?
In some cases, the court may allow the defendant to be released on bail again after their re-arrest, but it is often more difficult. Here’s what could happen:
Higher Bail Amount
The judge may increase the bail amount for the defendant’s release after a re-arrest, reflecting the court’s increased concern about the defendant’s reliability. Posting this new bail will likely be more expensive, and additional fees may apply.
Stricter Conditions for Release
If bail is granted, the court may impose stricter conditions for the defendant’s release. This could include increased supervision, electronic monitoring, regular check-ins with law enforcement, or limitations on travel and activities. These conditions are designed to ensure that the defendant does not re-offend while awaiting trial.
Possible Denial of Bail
In serious cases, the court may deny bail altogether, particularly if the defendant is considered a flight risk or if they are facing severe charges. In this situation, the defendant will remain in custody until their case is resolved.
Being re-arrested while out on bond is a serious matter that can result in additional charges, revocation of bail, and financial hardship for both the defendant and any co-signer. If you or someone you know has been re-arrested, it’s important to act quickly by contacting an attorney and working closely with your bail bondsman to understand your options moving forward.
At County Bail Bonds, we are here to help you navigate complex bail situations, including re-arrests. Contact us today for guidance and support in handling bail bond issues and ensuring the best possible outcome for your case.