For most people, getting arrested is a stressful situation under any circumstances--perhaps even more so if you're rearrested while already out on bail. If you're rearrested, the first thing you should do is contact the bail bondsman or bail agency that previously posted your bail. While it may be tempting to deal with the first bondsman that picks up, there are several reasons why working with the same bondsman or agency is advantageous in the long run.
Whether a rearrest stems from an existing legal situation, or is completely unrelated, things can turn complicated quickly and may negatively affect your freedom, legal circumstances and finances. Unfortunately, many defendants and their families are ill-informed and unprepared when it comes to dealing with rearrests or catching (new) cases. With the right knowledge, you can navigate this difficult moment more effectively and protect your rights.
Understanding Bail and Its Conditions
Bail acts as a financial guarantee intended to ensure that a defendant appears for court proceedings and resolves their legal issues. In addition to showing up for court hearings and calendar calls, your pretrial freedom may come with other bail requirements. These requirements may be ordered by a judge during bond court, or specific instructions or rules set by your bondsman. Failure to comply with the terms and conditions of your bail could result in your bond being revoked by your judge or bondsman and land you back in jail.
Examples of these conditions may include:
Weekly Check-Ins: At David Stern Bail bonds, all defendants are required to call or text once a week to check in. While these interactions typically take 30 seconds or less, defendants who consistently check-in are less likely to be rearrested or fail to appear in court.
Travel Restrictions: Always request permission from your bail bondsman before leaving town. Even if you or your attorney have notified the court and/or received approval from your judge, bail agents in Florida ultimately has the final say in this matter since defendants are released from jail into the bondsman's custody.
Avoiding Illegal Activities: The best way to avoid being rearrested is to steer clear of anyone participating in unlawful activities and/or high crime areas.
Pretrial Release Reporting: If you're required to participate in any sort of diversion or counseling programs, you must also check-in with your pretrial officer.
Updating Contact Info: Notify your bail bondsman of any changes to your contact information as soon as possible. If you change your phone number or move to a new address, be sure to mention it during your weekly check-in with the bondsman.
Electronic Monitoring (ELMO): If you're required to wear an ankle bracelet while out on bail, never try to remove or tamper with it, even if it's not working properly. If temporary removal is needed for medical purposes (i.e., MRI scans), you should coordinate with your pretrial officer or bondsman in advance.
What Happens When You Get Rearrested
Being rearrested while on bail can complicate ongoing legal issues, especially if you're arrested in another jurisdiction or for new charges unrelated to your previous arrest.
Impact on Original Bail: Using the same bondsman or company to post your bail will significantly increase the odds of your being allowed to remain on bond for your original charges so that you only have to post bail for the new charges. It's important to point out that in Florida, surety agents (bail bondsmen) are allowed to surrender a defendant's previous bonds if the defendant is rearrested because this is considered a violation of their bail bond conditions.
When those bonds are surrendered, a new bond must be posted for each previous charge in addition to the bonds for the new charges. Hence, you or your indemnitor (usually a friend or relative) will have to pay another set of premium fees to repost the surrendered bonds, plus the bond premium fees for the new bonds. Some unscrupulous bail companies surrender their clients' bonds as soon as they're notified of a client's rearrest in order to collect additional premium fees and generate greater revenue. While this is entirely legal in Florida, the stress and financial burden of these additional bail costs can be crippling for some defendants and their families.
Bail Hearings: While many charges have set bail amounts attached to them, some charges require defendants to appear before a bond court judge before any bail amount is set. A judge take several factors into consideration when determining bail, including the defendant's past criminal history. A judge may also raise or lower existing bail amounts during bond court, as well as impose additional bail requirements that must be met before a defendant can post bond and be released from custody.
Consequences of Getting Rearrested
Facing rearrest introduces multiple serious consequences that could affect your future if not properly handled:
Additional Charges: Depending on the circumstances of your arrest, you could face new charges—such as drug possession—that complicate your legal situation further.
Impact on Defense Strategy: Your attorney may need to file additional motions, take dispositions, conduct legal research, etc. to craft the best defense for your case and/or present you with your best legal options. However, such legal maneuvers require lots of time and dedication--and more often than not, necessitate the retention of private legal counsel, which can be costly.
Employment: Not showing up for work, especially when your boss and coworkers are depending on you, is synomyous with subpar job performance and could result in your termination or demotion. Even though being arrested is very different from actually being convicted of a felony or misdemeanor or being sentenced, not all employers share this view. Some companies even have morality clauses built into employees' contracts and/or company policies, meaning that merely being arrested or investigated by law enforcement is grounds for termination.
Your Path Forward
Getting rearrested while already out on bail carries serious implications for your pretrial freedom and legal strategy. Making sure you and your bond guarantor (also referred to as a co-signer or indemnitor have a solid grasp of the terms and conditions of your bail is an essential component of maintaining your freedom while awaiting trial. In the event that you are rearrested in another jurisdiction or on new charges, be proactive in communicating with your bondsman and/or lawyer. As overwhelming and frustrating as it is to catch new cases while trying to resolve ongoing legal issues, being informed and prepared can help you regain control over your situation and make better decisions in the future.
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