Bail Bonds and Indemnitors: What Happens When a Defendant is Re-Arrested?
When someone is bonded out of jail, the indemnitor—typically the person who signs the bond—agrees to pay the full bond amount if the defendant fails to appear in court. But what happens when the defendant is re-arrested on a new charge? Does the indemnitor have to pay the full amount of the original bond? Let’s delve into the specifics.
Understanding the Original Bond Agreement
When a defendant is bonded out, the indemnitor agrees to cover the bond amount in case the defendant fails to appear in court. This is a contractual agreement, and understanding the terms is crucial. However, a new arrest does not automatically trigger the indemnitor’s obligation to pay. There are several factors to consider:
New Arrest
A new arrest does not automatically obligate the indemnitor to pay the original bond amount, unless the defendant fails to appear for court dates related to the first charge. The indemnitor’s liability remains contingent on the defendant’s appearance.
Bail Conditions and Court Decisions
If the defendant is re-arrested and the new charges are serious, the court may revoke the original bond. In such cases, the indemnitor could be liable for the full amount if the defendant fails to appear. This decision by the court is based on the seriousness of the new charges and the potential impact on justice and public safety.
Bail Bondsman Policies
Each bail bondsman has specific policies regarding re-arrests. These policies can vary widely and are detailed in the original bond agreement. It is essential to carefully read and understand the terms of the bond agreement. Checking the terms with the bail bondsman can provide clarity on the indemnitor's obligations in the event of a re-arrest.
Legal Advice
Given the complexities involved, it is advisable to consult with a legal professional if there are concerns about liability or potential repercussions. Legal advice can help clarify the specific obligations and potential consequences in a re-arrest situation.
Practical Considerations
Several factors must be clarified before determining the indemnitor's liability:
1. Is the defendant in jail for something unrelated to the case for which they were bonded out?
This is a critical question because unrelated charges won't affect the original bond amount.
2. Did the defendant fail to go to court for the charge they were bonded out for?
The indemnity agreement is contingent on the defendant’s appearance. If the defendant fails to appear, the indemnitor is still responsible for the bond amount.
Reporting Obligations
If the defendant is not in jail for an unrelated case, the indemnitor should report to the clerk of the case and inform them of the current location of the defendant. This helps prevent the issuance of a bench warrant for a clerical issue, such as undelivered court notices.
New Bond Conditions
When the defendant is re-arrested and new charges are involved, the court may amend the original bond. In Georgia, where I practice, the bond order is often amended easily, and the bondsman doesn’t have to re-sign the bond. However, if the new charges are serious or involve a victim, the bond conditions may change, and the previous bond might be voided.
Failure to Appear
Should the defendant fail to appear after the new arrest, the indemnitor potentially remains liable. If a bench warrant is issued, the defendant must be appeared in court within a reasonable time. Failure to do so may result in legal action against the indemnitor. In Georgia, the court can order a judgment against the indemnitor's property or person for the bond amount.
Conclusion
In summary, the indemnitor does not automatically have to pay the original bond amount due to a new arrest. The specific circumstances, including the new charges and the defendant's appearance, will determine the final outcome. Prompt and thorough communication with the bail bondsman and legal counsel can help navigate these complexities and minimize potential financial liabilities.
For more detailed information, please consult a legal professional. This summary is based on general legal principles and local practices, and may not apply universally. Always check specific legal requirements in your jurisdiction.