Legal Definitions - rearrest

Rearrest occurs when an individual is taken into custody by law enforcement for a second or subsequent time, after having been previously arrested and then released. This can happen for various reasons, including the violation of release conditions, the emergence of new evidence related to an existing case, or the discovery of additional charges or outstanding warrants.

• Example 1: Violation of Release Conditions

  Imagine a person is arrested for a minor offense, such as disturbing the peace, and is released on their own recognizance with a condition that they must appear in court on a specific date. If that person fails to show up for their court hearing, a judge might issue a bench warrant for their arrest. When law enforcement officers locate and apprehend them based on this warrant, it constitutes a rearrest.

  This illustrates rearrest because the individual was initially arrested, then released, and subsequently taken into custody again for failing to comply with the terms of their initial release.

• Example 2: New Evidence in an Ongoing Investigation

  Consider a situation where a suspect is arrested in connection with a burglary, but due to a lack of conclusive evidence, they are released without charges being filed. Several weeks later, new forensic evidence, such as DNA found at the crime scene, definitively links the suspect to the burglary. Based on this new evidence, law enforcement officers locate and apprehend the individual once more.

  This is a clear example of rearrest because the person was arrested, released, and then arrested again for the same alleged crime after new information strengthened the case against them.

• Example 3: Discovery of Additional Charges or Warrants

  Suppose a driver is pulled over for a speeding violation and, during the stop, officers discover an outstanding warrant for unpaid parking tickets, leading to their arrest. After paying the fines and being released, police receive a tip a few days later identifying the same individual as the perpetrator of a recent hit-and-run accident. Officers then locate and apprehend the driver again for the more serious hit-and-run charge.

  This demonstrates rearrest because the individual was arrested, released, and then taken into custody a second time for a different, more serious offense that came to light after their initial release.