What Happens to a Bail Bond When Rearrested?

Rearrested after bail bondSometimes, people fall into a bad situation that just seems to get worse. Being arrested for a felony or misdemeanor offense can easily mean being put in jail, at least temporarily. In the majority of cases, after a person is arrested and booked into the county jail, they are processed, which includes photographing and fingerprinting.


At the arraignment hearing, the first step in a criminal matter after the initial arrest and incarceration, the judge will go by the statutory requirements and either release the defendant on their own recognizance, or set a bond amount. If the defendant is released ROR or on their own recognizance, he or she does not need to get a bail bond, but does need to show up for the next court date. If the judge sets a bond, the defendant can bail out of jail and stay free until the next court date.


However, if the defendant bails out of jail and is arrested again for another offense or even for the same offense, this can create a circumstance where the judge orders the defendant held without bail or the judge can order a bail increase. In addition, the prosecutor might ask for an increase in bond.


What Happens After Being Rearrested


What happens to a defendant after being rearrested depends on the circumstances. For instance, if the defendant was out on bond and failed to report to their probation officer, that’s a technical violation of their release and the defendant can be rearrested and placed back in jail; after which, the defendant can generally bond out again.


However, if the defendant is involved in a serious act, such as a felony and rearrested, the court might not set a new bond or set a bond that is high enough to be unaffordable to the defendant.


“…the judge can raise your bail and the prosecutor can request a bail increase. However, they can only do this if you are being charged with a more serious crime or additional charges that you were not being held for when you first bailed out, or if the prosecutor can demonstrate a legitimate need for increasing the bail such as a great risk of flight or to protect a person or the community.” –Debra White, Criminal Defense Attorney


In either case, new criminal charges are likely to be filed. This means if the defendant was in a pretrial intervention or pretrial diversion program, he or she might be kicked out of the program for good. For technical violations, this doesn’t happen a lot, but is a possibility.


With new charges and a new arrest typically comes the need to be bailed out of jail again. In some instances, the court will just release a defendant on their own recognizance for a small, technical violation. For new charges, in particular more serious crimes, the court is likely to set a higher bail.


What Happens to the First Bond and the Collateral


If a defendant is rearrested and placed back in jail, nothing really “happens” to their bail bond. It still remains in tact and the money still owed since the bond wasn’t forfeited and the defendant did not skip bail. This means the collateral, if any, will also remain in tact. The bondsman will keep the fee from the first bond, as well as hold onto the collateral used.


Though nothing actually happens to the first bond, it must be paid because the “contract” between the defendant and the bonding agency remains in effect.


Getting a New Bail Bond


If the judge does allow the defendant to post bail again, the defendant can get a new bail bond–even from the same bonding agency. The difference will be the amount of the bond. The court will most likely set the bond higher than before, so, it will cost more to bail out of jail.

In addition to the increased expenses, which can happen, the defendant might have to pledge more collateral to the bondsman in order to get out of jail again. This is to protect the bonding agency and ensure the defendant, who is now facing more charges, will appear in future court dates.


While out on bail the second time, the defendant should be very careful about how he or she behaves because the judge is far more likely to deny setting bail for a third time.


If you have a loved one that was out on a bail bond and has been rearrested and placed back into jail in Sarasota or Manatee, then contact us immediately. We can help get your loved one out of jail if the court allows for another bond and can even come to you via our mobile service. We are experienced and provide affordable solutions to these types of problems.


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