Farmington, MO asked in Criminal Law for Missouri

Q: Can I be rearrested if I was already arrested, posted bond, went to court several times and the charges were dropped?

They dropped the charges (tampering with motor vehicle, trespassing) and two days later a warrant was issued for tampering, burglary (2 charges) and theft. Now the bond is 40K. I paid a bondsman 1500 to get out on the first arrest. This does not seem right to me.

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1 Lawyer Answer
Anthony J Muhlenkamp
Anthony J Muhlenkamp
Answered
  • Criminal Law Lawyer
  • Webster Groves, MO
  • Licensed in Missouri

A: I am assuming that the charges got dropped at the preliminary hearing because certain witnesses did not appear or the state was otherwise unable to proceed? If that happened, the case was probably dismissed "without prejudice" which means they have the right to refile charges if they get things figured out.

I agree it is not fair. Unfortunately it happens all of the time. I suggest you retain counsel and try to have a conversation with your bondsman. Some bondsmen will agree to write another bond if it is arising out of the same incident and the case has simply been dropped then reissues. Others will not. Your lawyer may need to have a conversation with the bondsman to try and make this happen.

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