What Should One Do If the Defendant Is Arrested While Out On Bond?
When someone is released on bail, it provides them with an opportunity to remain free while awaiting trial. However, this freedom comes with strict conditions, including attending all court dates and avoiding further legal trouble. But what happens if the defendant gets arrested while out on a bond? This situation can quickly complicate their legal journey, impacting not only their freedom but also the financial stability of their cosigners and family.
In this comprehensive guide, we’ll explore what happens when a defendant is rearrested while on bail, the legal implications, and how bail bond companies like Liza Davis Bail Bonds can help. We will also address common concerns such as, “Will my bail be revoked if I’m arrested again?” and “Can you get bail again after being arrested?”
Understanding the Terms of Bail: A Quick Recap
Before diving into the consequences of getting rearrested while out on bail, let’s first understand the terms of bail. When a defendant is arrested, they may be given the option to post bail to be temporarily released from jail. A bail bond is essentially a contract where a bail bondsman, such as Liza Davis Bail Bonds, posts the bail amount on behalf of the defendant. In return, the defendant pays a non-refundable fee, usually around 10% of the total bail.
Once released on bail, the defendant must adhere to specific conditions, including:
- Checking in with the bail bond company regularly.
- Attending all court dates.
- Staying within a designated geographic area.
- Avoiding any further legal trouble.
Violating these conditions can lead to serious consequences, especially if the defendant is rearrested.
Consequences of Getting Arrested While Out on Bail
If the defendant is arrested again while out on a bond, several things can happen. The severity of the situation will depend on factors like the new charges, the terms of the original bail, and the judge’s decision. Here’s what typically occurs:
1. Bail Revocation
One of the most immediate consequences of a rearrest is the possibility of bail revocation. When the court discovers that the defendant has been rearrested, the judge may choose to revoke the original bail. This means the defendant loses their right to remain free while awaiting trial for their initial charge. A bail revocation usually results in the defendant being taken back into custody until their trial is complete.
2. Forfeiture of the Original Bail Bond
When a defendant is rearrested, they breach the conditions of the bail agreement, which can lead to bail bond forfeiture. The bail bond company, like Liza Davis Bail Bonds, takes on a significant financial risk when posting bail for a defendant. If the defendant fails to meet the agreed conditions, the court may keep the bond amount. This means the cosigner—often a family member or friend—might be responsible for paying the entire bail amount. This financial burden can have a lasting impact, causing stress and strain on relationships.
3. Impact on Future Bail Opportunities
Defendants who get arrested while out on bail face a much harder time securing bail again. Judges often view those who violate bail conditions as a high-risk liability and may deny bail altogether for future arrests. Even if bail is granted, the amount is likely to be significantly higher, reflecting the court’s increased concern over the defendant’s reliability. Additionally, a rearrest suggests that the defendant might be a flight risk or a danger to the community, making it much more difficult to negotiate favorable terms for bail in the future.
4. Additional Charges and Increased Penalties
Being rearrested while out on bond can lead to further legal trouble. Not only will the defendant face penalties for their new crime, but they may also face additional charges for violating the terms of their original bail. This could result in steeper fines, longer jail time, and a more complex legal battle. The court will likely view a bail violation as a sign of disrespect for the legal process, potentially leading to harsher sentencing.
What to Do If the Defendant Is Rearrested
If a loved one is rearrested while out on bail, it’s crucial to act quickly. Here’s a step-by-step guide on how to handle this situation:
1. Contact the Bail Bondsman Immediately
The first action to take is contacting Liza Davis Bail Bonds. A bail bondsman can explain the situation and guide you through the next steps. Depending on the circumstances, the bondsman may attempt to reinstate the bond or negotiate new bail terms with the court.
2. Consult with an Attorney
An attorney will provide crucial legal advice on how to proceed after a rearrest. They can represent the defendant in court, clarify the legal implications of the new arrest, and advocate for a second chance at bail if it’s an option. Having legal representation is key to understanding the possible outcomes and building a strong defense.
3. Prepare for Additional Bail
If the court allows the defendant to post bail again, be prepared for a potentially higher bail amount due to the increased risk. Liza Davis Bail Bonds can help arrange a new bail bond, though the conditions may be more stringent, including possible requirements like electronic monitoring or regular check-ins.
Can You Get Bail Again After Being Rearrested?
One of the most common questions is, “Can you get bail again after being arrested?” The answer depends on the nature of the new charges and the judge’s discretion. Judges may grant a new bail but will likely impose stricter conditions, such as a significantly higher bail amount and enhanced monitoring requirements. In some cases, they may deny bail altogether, especially if they view the defendant as a flight risk or a threat to the community.
How Liza Davis Bail Bonds Can Help
At Liza Davis Bail Bonds, we understand that people can make mistakes. Our team is committed to helping you navigate the bail process, even in complex situations like a rearrest. We work closely with our clients to explore every option, helping secure a new bail bond whenever possible. With our extensive experience, we can provide guidance and support to make a difficult situation more manageable.
If you find yourself or a loved one facing a bond violation, don’t hesitate to reach out to Liza Davis Bail Bonds. We’re available 24/7 to answer your questions, explain your options, and, if possible, arrange a new bail bond quickly.
Key Takeaways: Avoiding Rearrest While Out on Bond
The consequences of getting arrested while out on a bond can be severe. To avoid these pitfalls, it’s crucial to strictly adhere to the bail conditions set by the court. Here are some essential tips:
- Stay out of legal trouble: Avoid any situations that could lead to another arrest.
- Comply with all court requirements: Attend every scheduled court date and follow all court-imposed conditions.
- Maintain communication: Regularly check in with your bail bondsman as required.
Understanding the potential consequences and knowing what steps to take can make navigating this challenging situation easier. If you need assistance with bail or have questions about a bond violation, contact Liza Davis Bail Bonds today.
Frequently Asked Questions
Q: Will my bail be revoked if I’m arrested again?
A: Most likely, yes. Bail revocation is common in cases of rearrest, as the judge will view this as a violation of the bail agreement.
Q: What happens if my bail bond is forfeited?
A: If the bail bond is forfeited, the court keeps the bond amount, and the cosigner may be responsible for paying the full bail.
Q: Can I get bail again after being arrested?
A: It depends on the judge’s discretion and the severity of the new charges. The court may grant bail under stricter conditions or deny it altogether.
If you or a loved one needs assistance with bail, Liza Davis Bail Bonds is here to guide you through every step of the bail process. Contact us today for fast, reliable assistance.