Define: Rearrest

Rearrest
Rearrest
Quick Summary of Rearrest

Rearrest refers to the act of apprehending an individual who has previously been arrested. This can occur if the person has escaped from jail, violated the terms of their parole or probation, or failed to appear in court as required. Additionally, if the police obtain new evidence indicating the person’s involvement in a crime, a rearrest may be initiated. The necessity of a warrant for rearrest varies depending on the circumstances.

Full Definition Of Rearrest

Rearrest refers to the process of apprehending an individual who has previously been taken into custody. This can occur when a person manages to flee from confinement, breaches the conditions of their parole or probation, or neglects to appear in court as instructed. For instance, if an individual is initially arrested for theft and subsequently escapes from prison, law enforcement may rearrest them upon their recapture. Similarly, if someone is on probation for drug possession and fails a drug test, they may face rearrest for violating the terms of their probation. These examples serve to demonstrate how rearrest takes place when an individual who has already been arrested or convicted commits another offence or fails to comply with the conditions of their release.

Rearrest FAQ'S

Yes, if new evidence emerges or if you violate the conditions of your release, you can be rearrested.

The duration of your custody after a rearrest will depend on various factors, such as the seriousness of the offense and the jurisdiction’s laws. It is best to consult with an attorney for specific information.

Generally, you cannot be rearrested for the same offense if you have already been acquitted or convicted. However, there may be exceptions, such as if new evidence comes to light.

If the charges were dropped without prejudice, meaning they can be refiled, you can be rearrested if new evidence or circumstances arise. If the charges were dropped with prejudice, you cannot be rearrested for the same offense.

Yes, if you fail to appear in court as required, a warrant may be issued for your arrest, and you can be rearrested.

Yes, if you violate the conditions of your probation or parole, such as failing a drug test or committing another offense, you can be rearrested.

Yes, violating a restraining order can lead to rearrest, as it is considered a criminal offense.

Yes, violating a no-contact order can result in rearrest, as it is a violation of a court order.

Yes, if you are found in possession of illegal substances, you can be rearrested for drug-related offenses.

Yes, if you violate the terms of your traffic violation probation, such as getting another traffic ticket or driving with a suspended license, you can be rearrested.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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