The Consequences of Skipping Bail
Skipping bail β also known as "bail jumping" or "failure to appear" β is one of the worst decisions a defendant can make. The consequences are swift, severe, and long-lasting. Whether you missed court intentionally or simply forgot, here's what happens next.
Immediate Consequences
Bench Warrant
The moment you fail to appear in court, the judge issues a bench warrant for your arrest. This warrant goes into a national database (NCIC), which means:
- Any police officer who runs your name during a traffic stop will see the warrant
- You can be arrested anywhere in the country
- The warrant doesn't expire β it stays active until you're apprehended or turn yourself in
- You can be arrested at your home, workplace, or anywhere else
Bail Forfeiture
When you skip bail, the bail amount is forfeited to the court:
- Cash bail: The full amount you posted is lost to the court
- Bail bond: The bail bondsman becomes responsible for paying the full bail amount and will come after you and your co-signer for recovery
The Bail Bondsman's Response
If you used a bail bondsman, skipping bail puts them on the hook for the full bail amount. The bondsman's response is typically aggressive:
- Contact attempts: The bondsman will try to reach you and your co-signer by phone, text, and in person
- Co-signer pressure: Your co-signer becomes financially liable for the full bail amount plus any recovery costs
- Fugitive recovery agents: The bondsman will hire bounty hunters to locate and apprehend you
- Collateral seizure: Any property or assets used as collateral can be seized
Bounty Hunters
Bail recovery agents (bounty hunters) have broad legal authority in most states to apprehend bail fugitives. They can:
- Track you across state lines
- Enter your residence to make an arrest (in most states)
- Use surveillance, interviews, and investigation to locate you
- Physically restrain and transport you back to the jurisdiction
The reality is that most bail jumpers are found relatively quickly. Bounty hunters have a financial incentive to find you β their livelihood depends on it.
Additional Criminal Charges
Skipping bail is itself a crime in most states. You'll face additional charges on top of the original offense:
- Failure to appear (FTA): This is a separate criminal charge with its own penalties
- Bail jumping: In some states, this is a felony regardless of the original charge
- Penalties: Fines, additional jail time, and a permanent mark on your criminal record
A misdemeanor FTA can become a felony charge, and a felony FTA carries significant prison time. These charges are added to your original charges β they don't replace them.
Impact on Your Case
Skipping bail devastates your legal position:
- The judge will set much higher bail (or deny bail entirely) when you're recaptured
- Prosecutors will use the bail jumping as evidence of consciousness of guilt
- You lose credibility with the court, making plea deals harder to negotiate
- Your attorney's ability to help you is severely compromised
- Sentencing is likely to be harsher
Financial Impact on Co-Signers
Perhaps the most heartbreaking consequence of skipping bail is the impact on your co-signer β usually a family member or close friend who trusted you. When you skip bail:
- The co-signer becomes responsible for the full bail amount
- Any collateral (home, car) can be seized by the bondsman
- The co-signer may face collection actions, lawsuits, and wage garnishment
- The financial damage can be devastating and relationship-destroying
What to Do If You Missed Court
If you've missed a court date, take these steps immediately:
- Contact your attorney right away β they may be able to get the warrant recalled
- Contact your bail bondsman β let them know the situation before they send a bounty hunter
- Turn yourself in voluntarily β this shows good faith and may result in more favorable treatment
- Document the reason β if you had a legitimate reason (medical emergency, etc.), gather documentation
Turning yourself in is always better than being hunted down. Judges are more sympathetic to defendants who take responsibility than those who have to be dragged back to court.