What Happens If a Defendant Gets Re-Arrested While Out on Bond?
Someone you love is out on bond, they make a mistake, and then they find themself back in jail — what happens next? Is the existing bond forfeit? Do you lose that money? Can you get a new bond for the second arrest?
At Freedom Bail Bonds, we understand the bail bond process can be confusing. And in cases where the defendant gets re-arrested while out on bond, the process can seem even more convoluted. To help you better understand how the system works and the potential consequences of a re-arrest while someone is out on bond, we’ve outlined the details below.
A New Bond Is Required
All arrests are treated separately, which means each arrest requires a new bond if the defendant wants to get out of jail before his or her new case is closed. The bond that was previously issued cannot be used to release the defendant from jail, and the initial bond remains active until the first case is complete.
If someone you love requires a second bond, you’ll need to contact your bail bondsman directly since law enforcement doesn’t notify local bail bond agencies of re-arrests. Keep in mind that even if the defendant is released from jail a second time, he or she is still responsible for showing up to all required court dates attached to the first case. And of course, he or she will also be required to attend all court appearances associated with the second case.
Failure to attend even a single court appearance will result in forfeiture of the associated bond. Unfortunately, whoever provided the cash or collateral for that bond will lose the money or possessions they furnished to obtain it.
Potential Consequences of Getting Re-Arrested on Bond
Although a re-arrest won’t negatively impact the defendant’s existing bond, there are other potentially serious consequences associated with getting re-arrested.
If the defendant gets re-arrested in a different county or state, law enforcement is not obligated to transport that person to his or her court dates. And if the defendant misses a court appearance, the initial bond becomes forfeit. Other potential repercussions of a re-arrest include:
- Lost negotiations or deals. If the defendant hired an attorney for the first case, any negotiations or deals that were in progress could become forfeit. Depending on the severity of the alleged crime, the prosecutor may decide to dismiss any plea bargains that were on the table and re-start negotiations. Often, the prosecutor pursues charges in these types of cases.
- Crime bail crime. If the defendant is arrested on felony charges while he or she is out on bond for an existing felony case, this situation is known as crime bail crime. If the prosecutor chooses to charge the defendant with crime bail crime, that can add another two years to the jail sentence.
- Bail increase or revocation. When a defendant gets re-arrested while out on bond, the court may perceive that individual as a flight risk. In such cases, any subsequent bail amount may be dramatically increased, or the court may elect to revoke bail altogether.
Freedom Bail Bonds: 24/7 Bail Bond Service in Tarrant County, TX
If you need to bail a loved one out of jail, rely on our experienced, licensed team at Freedom Bail Bonds. We serve all of Tarrant County and are available 24/7 for your convenience, so when you need fast, compassionate service, give us a call. You reach our Arlington, TX, office at (817) 795-5300 or contact us online, and we’ll be in touch promptly.
