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  1. #1
    Join Date
    Sep 2011
    Posts
    1

    Default Arrested for the Same Crime Twice

    My question involves criminal law for the state of: Illinois

    Ok so last year my brother was arrest on a burglary charge but he was on parole at that time. We bonded him out ($20,000) and he was rearrested a few days later on the charge on parole violation. he sat in jail for a month or so before they transferred him back to prison to serve out the rest of his sentence for violating parole. mind you that while he is sitting in jail and prison he his still going to court fighting the burglery charge. just a few days ago he was set to be released from prison. upon release he was rearrested again on that exact same burglary charge with a bond set even higher ($75,000) than before.

    My question is can he be charged again for the same crime he was already fighting?(he didnt actually commit the crime a second time as he was in prison and instead of releasing him they transferred him back to the county jail)

    Is there a way we can get the original bond money back?? (we took out a loan to get it)

    someone please help, this whole situation is just confusing and frustrating, he tells me even the judge is confused and doesnt know exactly what is goin on in this case

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Arrested for the Same Crime Twice

    We cannot tell you what happened - you have to tell us. If you don't know, and the case is such that even the judge is confused, it would make sense for you to be seeing if your brother's criminal defense lawyer will look into things or to hire a lawyer of your own.

    If your brother's prior bond was revoked, there should be a record of that - when, the grounds for revocation, and whether his bond was deemed forfeit. If you can find out what happened, let us know and we might be able to make some suggestions.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Arrested for the Same Crime Twice

    Obviously the court thinks he is a bigger flight risk or a bigger risk to the community and has raised the bond.

    For a 20k bond, I would hire an attorney to figure out what is going on and do the necessary paperwork to get the bond money released.

    Family love is one thing, but sorry your brother is a total loser and you are fools for bailing him out. Obviously he is a total f...up. Don't bail him out again. If he ran, you could have all the money forfeited to the court.

  4. #4
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    346

    Default Re: Arrested for the Same Crime Twice

    Since bail bonds are posted directly with the court in Illinois, perhaps the court could apply the $20,000 previously posted to the current $75,000 bail bond (assuming they won't return the original bail bond).

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