Being released on bail comes with strict conditions, and violating these stipulations can result in legal and financial consequences for both the defendant and the indemnitor (co-signer) involved in the bond. A re-arrest while out on bail can have serious ramifications, so it is important to understand what this means and what you need to do next.
Bail Is a Conditional Release
Bail is not a get out of jail free card. It is a conditional release agreement between the defendant, the court, and (if applicable) a bail bond company. Conditions often include:
● Attending all court dates
● Avoiding new criminal charges
● Limited travel within defined geographical areas
● Avoiding contact with certain people
● Complying with drug or alcohol testing
● Electronic monitoring
If a defendant is arrested again, it is typically a violation of one or more of these conditions and creates two (or more) active criminal cases that each have their own bail determination, court dates, and legal proceedings.
Immediate Consequences of Re-Arrest
When someone is re-arrested while out on bail, several things can happen:
● Bail is revoked: The judge may revoke the original bail, causing the defendant to remain in custody until the original case is resolved or new bail is set.
● Bond is forfeited: If the defendant fails to appear in court because of the new arrest, the court may forfeit the bond. This means that the bail or bond money is lost, and the bail bond company could seek full reimbursement from the co-signer of the bond.
● Bail amounts increase: Judges often view re-arrest as evidence that the defendant is high risk, resulting in significantly higher bail amounts or bail being denied altogether.
● Credibility is undermined: Getting re-arrested could affect negotiations in your first case as well as leniency during sentencing of both cases, leading to longer settlements and harsher punishments.
How Re-Arrest Affects Your Bail Bond Agreement
If the original bail was posted by a bail bond company, the company has the right to:
● Revoke the bond
● Surrender the defendant back into custody
● Take possession of or require additional collateral
● Demand payment if the bond is forfeited
Many bond agreements include terms stating that a new arrest is a violation of the bond contract. Getting another bond may prove difficult depending on the severity of the new charge, if the new offense is similar to the original, prior criminal history, and compliance with court appearances so far. If the new charge is severe – such as a violent felony – the court may deny bail entirely.
Impact on Indemnitors
If you co-signed someone’s bail bond, a re-arrest puts you at financial risk. As the indemnitor, you could face:
● Loss of collateral
● Responsibility for the full bond amount if forfeited
● Legal action from the bail bond company
Co-signers should contact the bail bondsman immediately if they learn of a new arrest. Being proactive can clarify next steps and sometimes help limit the financial damage.
Re-Arrest Can Cost More Than Freedom
Getting re-arrested while out on bail can have serious repercussions – bail revocation, higher bond amounts, financial penalties or losses, and additional criminal charges. If this situation occurs, prompt communication with your attorney and bail bond company is critical to understanding your options and protecting yourself both legally and financially.
