A petitioner who has been discharged upon a writ of habeas corpus may be incarcerated again for the same conduct only under the following circumstances:

1. (1) if, after discharge for defect of proof or for a material defect in the commitment in a criminal case, the petitioner is arrested again on probable cause and detained in accordance with law;
2. (2) if the petitioner fails to post bond;
3. (3) if the petitioner is indicted for the conduct and detained pending criminal proceedings; or
4. (4) if the petitioner is convicted and sentenced for the conduct.