BY |
After an arrest for committing a crime, you can secure a release after paying bail while your case is ongoing. As a condition of release, you should attend all the scheduled court hearings. You are legally required to do this, and if you break this promise by failing to attend the court hearings, you could face harsh consequences.
Missed court date bail consequences can be severe, including criminal charges, a bench warrant for your arrest, and complications in your legal proceedings. The severity of the outcome varies depending on the nature of your case and the jurisdiction. It is important to address missed court dates immediately to mitigate the potential consequences. You should inform your bail bondsman in case of failure to appear bail. Your bail bondsman can inform the court and ensure you do not face detrimental consequences.
The Importance Of Court Appearances
After a release on bail, you are supposed to attend all the court hearings, but sometimes you can miss the scheduled date due to unforeseen circumstances. Missing court dates is more common than you think, and the consequences can be detrimental. It is important to understand the importance of honoring court dates and the potential punishment for missing them if you are involved in legal proceedings. A court date is a scheduled appearance whereby you appear before a judge or jury. Court hearings are important because they allow the presentation of evidence and the administration of justice. Failing to appear in court can disrupt the proceedings, and the judge can interpret it as disregarding the legal system.
Missing a court date is also known as failure to appear. It occurs when a defendant fails to attend the scheduled court hearing. Courts take missed appearances seriously because they reflect poorly on the defendant's reliability and can disrupt the court proceedings. The consequences can be detrimental if the absence is due to misunderstanding, forgetfulness, or intentional evasion.
Steps To Take When You Miss A Court Date
When you miss a court date, you should act quickly to minimize the potential consequences. Here are some of the steps you should take when you miss your court date:
Contact Your Attorney
Your attorney can provide legal guidance and help you understand the best action. An attorney can also petition the court to regard the bench warrant of arrest and reschedule your court hearing.
Inform Your Bail Bondsman
If you posted a surety bond, you should immediately notify your bail bondsman of the missed court date. Your bail bondsman can help mitigate the situation by working with the court on your behalf.
Explain The Circumstances
If there was a genuine reason for your absence from court, such as a medical emergency, provide the relevant documentation to the court. The judge is likely to be lenient if the absence was not intentional.
Surrender Voluntarily
If the judge issues a bench warrant for your arrest, you should surrender voluntarily. Surrendering yourself to court demonstrates responsibility and can work in your favor during future court hearings.
Missed Court Date Bail Consequences
If you fail to appear in court for your hearing, the judge takes this seriously, no matter the seriousness of your charges. The judge can mark your case with failure to appear bail in court and can also do the following:
Issue A Bench Warrant Of Arrest
The judge can issue a bench warrant for your arrest, especially if you face misdemeanor or felony charges. Sometimes, the judge can still issue a bench warrant for your arrest even if you face minor charges like traffic violations. The police will look for you to arrest you, especially if you face serious charges. The police can visit your home or place of work to arrest you. If you face charges for a minor offense like a traffic violation, the police might not look for you. However, if during a traffic stop in the future the police realize that there is a bench warrant of arrest against you, they will re-arrest you.
Bail Revocation
Your bail can be revoked, and you will have to remain in jail until the completion of your case. You could also forfeit the bail you posted for your release. If you had posted a cash bail, you could lose this amount to the court.
Additional Criminal Charges
Missing the scheduled court date can attract additional charges because the judge can assume that you missed the court hearings due to contempt of court. You might end up facing more severe consequences if you are convicted.
A Harsher Sentence
When issuing a sentence, the judge considers several factors besides the underlying offense. The judge considers the defendant’s responsibility and whether the defendant is remorseful. Failing to attend court hearings demonstrates a disrespect for the court and a lack of remorse. The judge can impose a harsher sentence for a defendant who misses the scheduled court hearings.
You could face increased penalties after a conviction, including higher fines, longer sentences, and stricter probation conditions. Judges perceive missing court hearings as non-compliance and disrespect.
Driver’s License Suspension
Another common consequence of failing to attend the scheduled court hearings is having your driver's license suspended. The judge can issue a warrant for your arrest when you miss a court date and inform the Department of Motor Vehicles (DMV) of the warrant. The DMV can issue a notice, giving you around two months to resolve the issue before suspending your driver's license.
Financial Implications Of Missing Your Court Date
The financial implications of missing your court dates while you are out on bail include the following:
Loss Of Your Bail Money
If you paid a cash bail, missing the court date can mean forfeiting the sum. This loss could devastate people who sacrificed their money to secure your release from jail.
Higher Cost Of Bail Bonds
If you posted a surety bond, missing the scheduled court dates can result in additional fees. A bail bondsman invests significant resources in ensuring defendants comply with the court requirements. If you fail to appear, the bail bondsman can charge additional fees to cover the cost of tracing you and presenting you in court.
Collateral Risks
If collateral was provided while you were being bailed out of custody, missing the court dates puts the collateral at risk. The bail bondsman can seize the collateral and liquidate it to recover the losses incurred due to the defendant’s failure to appear.
How To Prevent Missed Court Dates
Here are some of the steps that you can take to avoid missing court dates:
Keep A Record Of Your Court Dates
Use a digital reminder system or a calendar to track all your upcoming court appearances. Setting reminders ensures that you attend all the court dates as required.
Close Relationship With Your Bail Bondsman
Your bail bondsman will likely provide reminders of your upcoming court appearances to keep you on track. Ensure that you maintain open communication with your bail bondsman after release to benefit from these reminders. If you have an emergency affecting your court attendance, inform your bail bondsman about it. Your bail bondsman can liaise with the court to reschedule your court date to a more convenient date.
Plan Your Transportation In Advance
Arrange for transportation to ensure that you arrive in court on time on the scheduled date. If you do not have a personal vehicle or cannot drive, request assistance from a family member or friend.
Plan For The Unexpected
Since life is unpredictable, you should have a contingency plan. Have someone who can help you in the face of an emergency. This person can arrange alternative transportation or inform the court about the emergency.
How A Bail Bondsman Can Help
A bail bondsman can support you in various ways to ensure that you do not miss your court date:
Clear Communication
One of the crucial roles of bail bondsmen is to ensure that their clients understand what is expected of them, including the scheduled court dates. Your bail bondsman will provide reminders and clear instructions to ensure you attend all the court hearings.
Professional Expertise
It can be challenging and overwhelming to navigate the legal system. A bail bondsman understands how the system works and can provide constant support when you are out of custody on bail.
Support In Emergency Situations
Certain situations can arise that prevent you from attending the court hearings. A bail bondsman can communicate with the court on your behalf, whether it is due to an emergency, an illness, or another relevant reason. The bail bondsman can explain the situation and request the court to schedule an alternative court date.
Legal Support For Missed Court Date Bail Consequences
You should not panic when you miss a court date. An experienced attorney can make all the difference, whether there is a bench warrant for your arrest or you do not know where a particular court is located. An attorney can help you in the following ways:
- Filing a petition to cancel your bench warrant of arrest
- Helping you navigate complex legal proceedings
- Facilitating the rescheduling of your court date
- Representing you in court
- Negotiating with the judge to reduce your charges
Failure To Appear Bail FAQs
Here are the commonly asked questions about missing a court date while you are out on bail:
What Are The Missed Court Date Bail Consequences?
Missing your scheduled court date while out on bail can pose serious challenges. You could face a bench warrant for arrest, and you could also be subject to additional charges. Failure to appear bail is a criminal violation that could result in you being held in contempt of court, leading to additional charges.
What Are The Legal Missed Court Date Bail Consequences?
Missing your court date can lead to fines and affect future bail. If you commit an offense in the future and the judge establishes that you have a history of missing court dates, the judge can deny you bail. You might be considered a flight risk, making the judge assume that you are unlikely to attend court hearings if you are granted bail. Judges can also raise bail amounts for people who do not attend court hearings. This can make it harder to get out of jail.
Failing to attend trial could also lead to a default judgment against you. This can take away your chance of pursuing a fair judgment.
Does a Failure to Appear Bail Affect Your Criminal Record?
Failing to attend court hearings while out on bail can have an adverse effect on your criminal record. It leaves a record of failure to appear, which will show up on your criminal record. An adverse criminal record can make it challenging to secure employment, housing, and other opportunities.
What Should You Do Immediately After Missing A Court Date?
You should act fast after missing a court date because time is of the essence. Contact your bail bondsman or an attorney immediately. Ensure that you explain the reasons why you missed the court hearing. If the judge agrees to reschedule the court hearing, ensure that you comply with the new court dates.
How Can a Bail Bondsman Help After a Missed Court Date?
A bail bondsman can ensure that your bail is not revoked. The bail bond provider can also contact the court to mitigate the situation and avoid hefty repercussions. Courts always expect accountability from defendants. However, courts also understand that emergencies can arise, making defendants miss their court dates. Acting promptly and professionally can minimize adverse effects and ensure that your case moves forward.
Find A Reliable Bail Bondsman Near Me
Missed court dates and bail consequences can be detrimental. It can lead to bail revocation, an arrest warrant, or even additional charges. Skipping court hearings can also lead to additional charges that could range from a few hundred to thousands of dollars. One way of mitigating the situation is by acting fast. Act promptly and contact a reliable bail bondsman.
At Alana's Bail Bonds, we have experienced bail bondsmen who can guide you through the process of navigating missed court appearances in California. You should not let a missed court date ruin your life. Take charge and work with a committed bail bondsman to get back on track. Contact us today at 619-468-9333 to speak to one of our bail bondsmen.
