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2009 N. 14th St. Suite 707
Arlington, VA 22201
Phone: 703.691.8181
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What happens if the defendant gets rearrested while out on bond?
There are remedie the system, initially designed to keep the King's peace in medieval England, which placed responsibility of the defendant to a tithing or even a whole township in order to ensure that the accused would appear before the court.
Applicable Case Law:
Taylor v. Taintor:
Decided by the courts in 1873
"When bail is given, the principal is regarded as delivered to the custody of his sureties. Their dominion is a continuance of the original imprisonment. Whenever they choose to do so, they may seize and deliver him up in their discharge, and if that can not be done at once, they may imprison him until it can be done. They may exercise their rights in person or by agent. They may pursue him into another state; may arrest him on the Sabbath; and if necessary, may break and enter his house for that purpose. The seizure is not made by virtue of the new process. None is needed. It is likened to the re-arrest, by the Sheriff, of an escaping prisoner" (Emphasis added.)
Common Law Right To Arrest:
Additionally, modern statues provide Bail Agents with the right to arrest an individual out on a bond. Under the Federal statute declaratory of this right, any accused charged with a criminal offense who is released on a bail bond with sureties may be arrested by the surety, delivered to the US Marshall, and brought before any judge or officer empowered to commit for such offense. At the request of the surety, such judicial officers may re-commit the accused to the custody of the Marshall.