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Paying the cost of bail upfront isn’t always possible for friends and relatives of the defendant. Therefore, many choose to get a bail bond instead. This approach reduces the cost and ensures their release from jail. 

Unfortunately, some defendants don’t appear in court on the date promised, forfeiting their bail. It is then the responsibility of the bail bond company to return them to custody. Any co-signers must pay the bail bondsmen any forfeited bail owed. 

This post discusses the bail bond process when a defendant fails to appear in court in California. Here’s what you need to know. 

The Definition Of Failing To Appear In Court In California

Failure to appear definitions vary from state to state. In California, “failure to appear” refers to a defendant who must appear in court but willfully fails to do so. 

The critical term here is “willfully.” Judges may exercise leniency on defendants who arrive at the courthouse as soon as possible. 

Unfortunately, defendants who evade their court appearance may face additional penalties. These include: 

  • Fines up to $10,000
  • Forfeiture of bail 
  • Additional jail sentences of up to a year or prison sentences of up to 3 years

Defendants charged with misdemeanors will receive an additional misdemeanor charge for failing to appear. Those charged with felonies will receive additional felony charges for not showing up. 

What Happens To Co-Signers After A Defendant Fails To Appear In Court?

In California, the court sets a 180-day timeframe in which the bail bond company must locate the defendant and return them to custody (if they miss their court date). If the agency fails to do this before the deadline, the co-signer and defendant will forfeit the bail amount and must pay the 10 percent bail bond fee. 

If you are the co-signer, the bail bond company will seek to collect the bail money from you (because they cannot retrieve it from the court). As a co-signer, you are an indemnitor, meaning you are jointly and separately liable for the full bail amount with the defendant. Therefore, courts will order you to pay everything you owe plus any recovery costs incurred by the bail bondsman. 

What Valid Defenses Are There If The Defendant Fails To Appear In Court?

A defendant who fails to appear in court isn’t an immediate disaster. However, only certain defenses apply. 

For instance, hospitalized defendants are not “willfully” skipping their court appearances. They need medical treatment. 

Generally, judges will find defendants not guilty if they did not deliberately avoid their court appearance. A good lawyer should be able to make this case in most circumstances. 

However, defendants who fly abroad are deliberately avoiding court appearances, leaving you liable. Therefore, you need to be careful. Always catch up with them and monitor their activities.