When you bond someone out, you’re essentially promising that they are going to make their court date. Otherwise, you (and they) will become responsible for the full amount of the bail. But there are situations that can prevent someone from attending court. One is getting rearrested.
What Happens When Someone Gets Rearrested?
First, it’s important to understand that not all jail systems “talk” to each other. You can’t assume that the jail that arrested your friend or family member “knows” that they have a court date. You also can’t assume that the court will be aware they are in jail. When someone gets rearrested, it takes time to process them. If they are in another county, it may be a significant amount of time before any data can be shared.
Consequently, you need to take it upon yourself to make sure that their requirements are met as well as they can be.
What Should You Do If the Defendant Gets Rearrested?
The first thing you should do is talk to your bondsman. Your bondsman is an important connection at this time. They need to know that the bail is at risk because they can help you mitigate any damages. From there, you can connect with the court and tell them that the defendant cannot make it because they are in jail. The court will need to verify this.
For the most part, the process should be simple. The court will either alter the defendant’s court date or make sure that they attend the court date when they are in jail. You aren’t going to lose your bail bond because the defendant is in jail as long as you have notified the proper authorities.
Can the Defendant Be Bailed Out Again?
As with the prior arrest, the defendant will need to undergo a bail hearing. At this time, a judge may not allow the defendant bail because they may suspect the defendant is going to continue to commit crimes. If the judge does allow bail, the process for bailing out the defendant is going to be the same, but now there will be multiple court dates to attend and track. You may need to put up collateral for the bond if the bonds have accumulated to a significant amount.
Life is unexpected. A lot of things can happen that you don’t anticipate, especially if you’re a friend or family member who bailed out a defendant. Communication is incredibly important.