Bail allows you to remain free while awaiting trial, reducing the disruption an arrest causes, especially if you are a family member, employee, student, or businessperson. However, California bail is given on the condition that you will appear in all hearings regarding your case. The consequences of skipping bail are dire and include a re-arrest, additional criminal charges for failure to appear, and a damaging criminal record that could affect your eligibility for bail. Knowing what happens when you skip bail before obtaining your release is essential.
The Definition of Failure to Appear
Bail is a legal guarantee that you will return for court proceedings. Failure to appear occurs when a defendant misses a scheduled court date without a valid excuse. Since California courts handle so many criminal cases yearly, missed appearances create backlogs and mean your case will take longer to resolve. Courts treat failure to appear as a serious legal violation. California law makes it a misdemeanor or felony offense (depending on the underlying charge), with severe penalties including a jail sentence, misdemeanor probation, and a hefty court fine, plus damage to your reputation and bail eligibility.
The Consequences of Skipping Bail
Posting bail does not mean your criminal case is over — it continues until a final verdict. When you fail to appear, you subject yourself to severe penalties, including a bench warrant for your arrest, which allows police to arrest you anytime and remains active until you are charged with failure to appear.
You will also face additional criminal charges. Under PC 1320, willfully failing to appear after release on your own recognizance is a misdemeanor (punishable by up to six months in jail and $1,000 in fines), while failing to appear after being granted bail for a felony is a felony offense (up to three years in prison and $10,000 in fines). These penalties are added to those for the underlying crime.
Bail Forfeiture and Negative Impact
Bail forfeiture is one of the possible consequences of skipping bail — the court keeps the money used to incentivize your court appearances, translating to a significant financial loss. If you used a bail bond, the bondsman suffers the loss and will try to recover it from you or your family, including by seizing collateral such as a vehicle, real estate, or jewelry. Bail forfeiture affects you even if you are found not guilty of the underlying charges. Failure to appear can also hurt your underlying case, leading to a harsher sentence, and becomes part of your record, affecting your eligibility for bail in future cases.
What to Do When You Cannot Appear
Appearing for all scheduled court dates is critical, but valid emergencies do happen. If you have a medical emergency, notify the court and reschedule the hearing — your attorney or a family member can do this on your behalf if you cannot. If you missed the hearing notice, let the court know immediately after realizing it. If you were in an accident or had a serious family emergency such as a death or illness, notify the court before the judge issues a bench warrant so your hearing can be rescheduled.
Find a Reliable Bail Bondsman Near Me
Failure to appear is a common yet severe legal issue with grave consequences in California. If you willfully fail to appear and a judge issues a bench warrant, you could face bail-jumping penalties including possible jail time, a hefty fine, and bail forfeiture, plus ineligibility for bail after subsequent arrests. At King Stahlman® Bail Bonds, we discuss these issues with you when you seek our help with bail, ensuring you understand the importance of making all court appearances. Call us at 619-232-7127 to learn more about our bail bond service.