BY |

After an arrest, you do not have to sit in jail awaiting trial. You can secure a release through bail. In California, the bail system is designed to ensure that defendants return to court. Therefore, courts expect defendants to appear at every required hearing after they have posted bail. Skipping bail occurs when a defendant fails to appear or comply with other bail requirements.

A defendant can skip bail by leaving the country without permission, hiding from law enforcement, or forgetting to appear in court. If someone misses the court date without a valid excuse, the law makes it “fail to appear.” The action results in penalties, fines, and losses.

Courts take FTA seriously because it disrupts the legal process and wastes resources. Additionally, such an action may signal that a defendant intends to flee prosecution. Understanding what happens if you flee bail helps ensure that you take the proper measures to ensure compliance.

The consequences of skipping bail in California include:

The Court Issues a Bench Warrant

When a defendant skips bail in California, the first thing the judge does is to issue a bench warrant. This warrant is an immediate order for law enforcement to arrest the defendant. It becomes active immediately and stays active until the court cancels it. When the court issues the warrant, the defendant loses the protection of their bail release. The bench warrant also goes into statewide and national databases. Therefore, any officer who runs the defendant’s name will see it. A bench warrant has several effects, including:

  • Arrests at Home or Work

Police officers can go to any location where the defendant is found and make an arrest. They can arrest the person at home early in the morning or pick them up from the workplace. These arrests are often stressful and embarrassing. The defendant is taken into custody immediately and transported to jail without warning.

  • Arrests During a Traffic Stop

Many people with active warrants face arrest during routine traffic stops. An officer may stop the defendant for a routine traffic violation. If the officer runs the person's information, they can see if there is an active bench warrant. Once the officer verifies the warrant, they are required to arrest the defendant immediately.

  • The Warrant Remains Active Until Cleared by the Court

Bench warrants stay active for years and do not expire. Therefore, moving to another city will not help your situation. This is because California warrants appear in law enforcement databases statewide. The only way to clear a warrant is to go back to court or have an attorney recall it.

  • The Defendant may Stay in Custody Until the Next Hearing

After an arrest on a bench warrant, the defendant may be required to remain in jail until they appear before the judge. The judge can raise the bail, add new conditions, or deny it altogether. This process makes future releases more complex and expensive.

Bail Forfeiture

Another immediate consequence of skipping bail is a forfeiture. This means the court keeps the bail money or the bond that you posted. A forfeiture is a severe loss to the player. For defendants who paid cash bail, the entire bail amount is forfeited. The court may sell your property at auction to recoup the bail money if you posted a property bond.

For defendants who utilized a bail bond company, the financial implications are also significant. The court will require the company to pay the full bond amount. The surety company can't return the collateral you used to secure the bond. A bail forfeiture creates pressure on everyone involved. California law gives the court power to:

  • Declare the bail forfeited on the spot. The judge can announce forfeiture immediately when the defendant fails to appear. The decision is made in open court, initiating the legal process immediately.
  • Start collection procedures. When the judge declares the bail forfeited, the court can begin collecting the money owed. Collection actions include sending notices, contacting the bail company, or preparing documents for enforcement. The collection process moves quickly because the law aims to secure the full bail amount.
  • Enter a civil judgment for unpaid bail. If you do not pay the bail voluntarily, the court can enter a civil judgment. The judgment gives the court the right to collect. Collection can be done through liens, levies, or other legal tools.

Bail forfeiture hurts everyone involved. It creates financial stress for the defendant, their family, and the bail bond company. Families may lose savings or property due to the forfeiture action. Additionally, bail bond companies may need to pay substantial sums or pursue the defendant to recover their losses.

When the court declares bail forfeited, a legal timeline begins. California requires courts to follow specific steps before finalizing the forfeiture. These steps protect the bail bond company and the person who posted cash bail. The steps include:

Notice of forfeiture

The court must notify the bail bonds company or the cash bail depositor of the intention to forfeit the bail. The notice tells you that the bail has been forfeited and that the countdown toward final forfeiture has started. Without this notice, the court cannot complete the forfeiture. The notice allows those responsible for the bail to take action and begin searching for the defendant.

Time to return the defendant

Bail companies have 180 days to return the defendant to court after the defendant skips bail. During this time, bail bondsmen search for the defendant and contact the defendant's family members. Furthermore, they can enlist the services of bounty hunters. A bounty hunter can track down the defendant, arrest them, and return them to court for prosecution.

If the company succeeds in finding the defendant, the court can set aside the forfeiture. This means the bail is restored, and the bond company is not liable for the full amount. The appearance period provides one last chance to avoid a significant financial loss.

Final forfeiture

If the defendant fails to return, the court will enforce the forfeiture. In this case, the bail bonds company must pay the full amount of bail. If the bond is unpaid, the court can enter a civil judgment. The judgment is a legal debt. The final forfeiture closes the process, leaving lasting financial consequences for all parties involved in posting bail.

Bail Bond Company Actions

A bail bond is a contract in which the defendant agrees to appear in court, and the bail company guarantees the defendant's appearance before the court. When a defendant skips bail after posting a bail bond, the surety company becomes responsible for the full bail amount. Skipping bail creates pressure for the company to act fast. The company may attempt to find the defendant by:

Contacting Them

The first step in recovering a defendant after a skipped bail is to contact them. The bail bondsman can call the defendant, send texts, or email. Some missed court dates are misunderstandings. Therefore, the bondsman will verify whether the defendant made an error. Early contact can resolve the issue before it worsens.

Contacting the Co-signer

If the defendant does not answer, the bail company contacts family members or friends who signed the bond. These individuals have a financial stake in the defendant’s return. Bail bondsmen explain the situation. They also remind the cosigner that if the defendant doesn't appear, they will be liable for the entire bond.

Hiring a Bounty Hunter

If the bondsman cannot reach the defendant, the bail company may hire a bounty hunter. These professionals have the necessary training to locate and apprehend defendants who fail to appear in court. Bounty hunters use legal authority granted by the bond agreement. These professionals can visit the defendant’s home, workplace, or other known locations.

Recovery agents move quickly because the company has a limited time before the court finalizes the forfeiture of bail. When the surety company enlists bounty hunters, the defendant or co-signer must cover the bounty hunting fees.

Loss of Collateral

Some bail bond companies require you to provide collateral when seeking a bond. If the defendant fails to appear in court, the company will be liable for the full bail amount. The business will then take the item you pledged as collateral and sell it at auction to recoup its costs.

Extra Criminal Charges for Failure to Appear

Facing extra criminal charges is one of the consequences of skipping bail. When a defendant skips bail in California, the law treats it as a separate crime. Failure to appear is a new offense that adds to the defendant’s existing charges. California uses Penal Code sections 1320 and 1320.5 to penalize individuals who fail to appear in court without a valid reason.

These laws apply whether the release was on cash bail, a bail bond, or even an own-recognizance release. The consequences you will face for failure to appear vary depending on the type of charges you initially face. The law distinguishes between misdemeanor cases and felony cases.

  • Misdemeanor Charges

If you failed to appear in court for a misdemeanor charge, the failure to appear becomes a misdemeanor. The penalties for the offense may include up to six months in county jail and fines not exceeding $1,000. These fines can significantly increase your financial burden.

  • Felony Charges

You will face a felony charge for failure to appear if your original offense was a felony. A conviction for a felony FTA can lead to up to three years in state prison. The court can also impose significant fines. In this case, you will have a permanent felony record, which can impact your job prospects, housing options, and future bail eligibility.

  • The FTA Affects Future Bail Decisions

Judges review the defendant’s history before allowing future bail. A charge of failure to appear indicates that the defendant may be likely to flee again. Having a record of failure to appear can cause the judge to increase the bail amount or deny bail release in future cases.

Consequences for Anyone Who Helped

Sometimes, family members or friends help defendants skip bail. They may:

  • Hide the defendant
  • Provide money
  • Assist the defendant in leaving the country

People who help defendants avoid court can face criminal charges, including:

  • Harboring a fugitive. You harbor a fugitive when you knowingly hide a person who is trying to avoid arrest or court. Even a temporary shelter can count as a crime.
  • Obstruction of justice. Interfering with the legal process is a separate offense under California law. Helping a defendant avoid court delays can result in an arrest and criminal charges. This could land you in jail or result in hefty fines.
  • Conspiracy. Conspiracy involves planning to help the defendant avoid court. Such acts can result in an arrest and charges.

Additionally, if you cosign a bail bond for a defendant and they flee, you may face serious financial consequences.

Impact on Future Bail Eligibility

The effects of skipping bail do not end with the current case; they can have lasting consequences. Skipping bail damages the defendant's reputation with the court. When deciding whether to grant bail in the future, judges consider prior failures to appear. Therefore, the judge may take the following steps against the defendant in the future:

  • Deny bail
  • Increase bail to a higher amount
  • Add stricter conditions like electronic monitoring

A person who skipped bail once will have trouble securing bail bonds. Bail bondsmen may refuse to work with a defendant who has a history of skipping bail.

Immigration Consequences

For non-citizens, skipping bail can create significant immigration problems. Failure to appear may result in ICE involvement. Courts view failure to appear, dishonesty, and non-compliance as liabilities. The immigration authorities take this behavior seriously when evaluating cases.

Find Expert Bail Bond Services Near Me

If you secure a release from jail pending trial through bail, you must attend all court proceedings. The rule applies regardless of whether you posted a cash bail, bail bonds, or secured a recognizance release. Skipping bail in California creates serious legal and financial problems. It can lead to a bench warrant, bail forfeiture, and new criminal charges.

The defendant could lose money, face higher penalties, and jeopardize their future goals. Financial harm may also befall family members who helped with bail. The courts may interpret the defendant's failure to appear as a flight risk, potentially limiting their bail options. Some missed court dates may not be intentional.

You can work with your bail bonds company and present valid excuses to avoid a bail forfeiture. At Alana’s Bail Bonds, we offer reliable and affordable bail bond services for our California clients. Call us at 619-468-9333 for much assistance.