When someone is released on bond, the court grants them the opportunity to remain free until their trial date. However, certain conditions must be followed. One of the most significant conditions is that the defendant must avoid being re-arrested. If someone is re-arrested while out on bond, it can lead to serious consequences, both legally and financially.
Understanding what happens in such a situation is critical for the defendant, cosigner, and anyone involved. In this article, we’ll outline the potential outcomes, what steps you should take, and the legal implications.
Immediate Consequences of a Re-arrest While Out on Bond
When a defendant gets re-arrested while out on bond, the bond agreement is violated. Here are the immediate consequences of this violation:
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Bond Revocation
One of the first things that will happen after a re-arrest is bond revocation. The court may decide to revoke the original bond, meaning the defendant loses their right to remain out of jail. Once the bond is revoked, the defendant will likely be placed back in jail, awaiting their trial.
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Forfeiture of the Bond
When a bond is revoked due to re-arrest, the money or collateral used to secure the bond may be forfeited. This means that whoever posted the bond (whether it was the defendant or a cosigner) will lose the funds. For instance, if the cosigner put up $5,000 to cover the bond, they will not get that money back once the bond is forfeited.
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New Charges
Re-arresting someone while they’re out on bond introduces a new set of criminal charges. These new charges will be separate from the original ones, but they could be added to the defendant’s case. This can further complicate their legal situation, and new charges will often make it harder for them to be released again on bond.
Legal Ramifications of Re-arrest While Out on Bond
Beyond the immediate consequences, being re-arrested while on bond can have longer-term legal effects that make the case even more challenging for the defendant.
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Higher Bail Amount or Denial of Bail
If the court does decide to allow the defendant to post bond again, the new bond amount is usually set much higher than the original one. The increase is due to the court viewing the defendant as a greater flight risk. In some cases, the court may even deny bail entirely, forcing the defendant to stay in jail until the trial.
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Impact on the Original Case
Being re-arrested can weaken the defendant’s case for the original charges. The court may view the re-arrest as a sign that the defendant has little respect for the legal process, making them less likely to receive leniency during sentencing. This can result in a harsher punishment if they are convicted.
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Additional Charges Against Cosigner
If someone cosigned the defendant’s bond, they could face financial repercussions as well. A cosigner’s responsibility is to ensure that the defendant abides by the bond conditions, including staying out of trouble. If the defendant is re-arrested, the cosigner might lose the money or assets used for the bond.
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Increased Difficulty in Future Bail Applications
If the defendant has a history of being re-arrested while out on bond, future bail applications for other charges may be more difficult. Judges will be less likely to grant bail if the defendant has shown they are unable to abide by the conditions.
What Steps Should Be Taken After Re-arrest?
If the defendant is re-arrested, it’s important to take immediate action to try and minimize the damage. Here are the critical steps to follow:
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Contact Your Lawyer Immediately
The first step after a re-arrest is to contact your attorney. They can review the new charges and assess the potential impact on both the current case and the original charges. Legal representation is crucial in ensuring the best outcome possible.
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Inform the Bail Bondsman
If a bail bondsman posted the original bond, it is important to inform them of the re-arrest. They may be able to provide guidance on whether the bond will be forfeited, whether the defendant can be released again, and what steps need to be taken next.
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Prepare for a New Bond Hearing
After the re-arrest, the defendant will likely face another bond hearing. At this hearing, the judge will determine whether to revoke the bond, set a new bond amount, or deny bail entirely. The defendant’s attorney should prepare a strong case to present at this hearing.
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Comply with All New Bond Conditions
If the court allows the defendant to post bail again, it is essential to strictly follow all the new conditions set by the court. Violating these new conditions can lead to further legal trouble, and the court may deny any future requests for bail.
The Financial Impact of Re-arrest on Cosigners
When a defendant is re-arrested, it’s not just their legal status that’s affected. Cosigners of the bond may face financial consequences as well.
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Cosigners Lose Money or Collateral
As previously mentioned, if the bond is forfeited, the cosigner may lose the money or collateral they put up to secure the defendant’s release. This is a significant risk that cosigners should be aware of before agreeing to sign on someone’s bond.
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Cosigners May Be Reluctant to Help in the Future
After a re-arrest, cosigners may be reluctant to post bond again for the defendant. The financial risks are substantial, and cosigners may be unwilling to risk losing more money. This can make it harder for the defendant to find someone to help post bond in the future.
Navigating the Consequences of Re-arrest
Re-arrest while out on bond is a serious legal issue with lasting consequences. It can result in bond revocation, higher bail, and potential financial loss for cosigners. If you or someone you know is dealing with this situation, it’s important to act quickly. Contacting a lawyer and your bail bondsman are crucial steps in mitigating the damage.
At D & D Bail Bonds, we understand the stress that comes with navigating legal challenges, especially after a re-arrest. Our team of experienced bail bond agents is available 24/7 to provide expert guidance, ensuring that you get the help you need quickly and efficiently. If you need assistance with a bail bond, reach out to D & D Bail Bonds in Mississippi Gulf Coast today.