November 19, 2010, 07:53
kspearsIndictment quashed
If your indictment is quashed and the defendant discharged - upon a new indictment- wouldn't the defendant have to be arrested again?
November 28, 2010, 15:42
LaneNot necessarily. He will have to be arraigned again after indictment, and at that point, you can ask the judge to set a cash surety or no-bond if you believe you have the facts to justify it. Otherwise, the judge will likely set a PR bond.
-L.
November 30, 2010, 10:28
Jeff SwainI have always taken the position that the defendant will have to be re-arrested and have to post a new bond. Lane is correct in that the defendant could be brought to court with a summons or notice and bond could be determined at that point, but after that, he would have to be arrested and post a bond.