When you are granted bail after an arrest, you agree to attend all scheduled court dates regarding your case, ensuring a smooth continuity and timely conclusion. Failure to appear is a serious matter because it disrupts court proceedings and impairs their smooth operation. Judges take failure to appear very seriously and can order your re-arrest and file fresh charges against you. It helps to understand the importance of court appearances and the possible consequences of missing court so you can prepare well as you seek pretrial release. A competent criminal attorney or a reliable bail bondsman can help you with that information, and a bondsman can also help you post bail if you lack the financial resources to bail yourself out of jail.
The Essence of Bail in the California Justice System
When you are arrested for a crime, your case will likely proceed to trial to determine the outcome. Before a trial, you must be booked into the police database, enter a plea, and the prosecutor must conduct a thorough investigation to obtain concrete evidence — processes that cannot all happen on the day of your arrest. Your case can be heard and determined within days, weeks, months, or years depending on its nature and the scope of investigation needed, so there is usually a need to release the defendant to await the determination of their case from home. The judge sets the hearing dates you must attend, and if you fail to attend a scheduled court date without a justifiable reason, you commit failure to appear, a criminal offense under the law.
This pretrial release is not granted to everyone facing criminal charges. The court must first determine your eligibility for bail and set the amount, based mainly on your willingness and commitment to attending scheduled court dates. If you will likely flee or are a safety threat, the court may deny you bail. Pretrial release eases congestion in local jail facilities, which lack the capacity to hold everyone arrested and are costly to maintain, serving the interests of taxpayers who fund them. Additionally, arrested persons are not guilty until determined guilty through a court process, so you have the right to remain free until convicted. If you are eligible, the court grants bail, which you can post through cash, a property bond, or a bail bond service.
The Consequences of Missing Court
Failure to appear happens when you miss a scheduled court date without a justifiable reason. It is a serious violation in California, and because it is a crime, you could face criminal charges and penalties. Here are some of the common consequences of missing court.
An Arrest Warrant
When you fail to appear, the judge may issue a bench warrant for your arrest — an order authorizing the police to arrest you for failure to appear or contempt of court. The police will find and arrest you wherever you are, at any time and without prior warning, and you are not given time to organize or reschedule anything, which can create significant disruption in your life. That is why you should understand the importance of court appearances to avoid this kind of embarrassment and disruption.
Contempt of Court
Failure to appear is contempt of court, which happens when you defy or disrespect the authority, integrity, and dignity of a court. When a judge sets a hearing date after granting bail, they order you to appear, so failing to do so means you do not respect that court's authority, disrupts the proceedings, and may interfere with justice. Contempt of court is a criminal offense punishable by jail time or fines.
Additional Criminal Charges for Failure to Appear
Failure to appear is a criminal offense under PC 1320 and PC 1320.5, charged as a misdemeanor or felony depending on the underlying charge. If you fail to appear in a misdemeanor case, the prosecutor may file additional misdemeanor charges, each punishable by up to six months in jail. If you fail to appear in a felony case, the prosecutor may file felony charges punishable by up to three years in prison. One of the greatest reasons to prioritize court appearances is to avoid these additional penalties, which could undermine your current situation and result in stiffer penalties upon conviction.
Negative Impact on the Underlying Case
How you behave after an arrest may determine the judge's final ruling. Judges are likely to treat defendants who cooperate throughout the process with leniency, especially during sentencing. Failure to appear may result in stiffer penalties or zero leniency, and you may end up with a maximum sentence in cases that have a range of minimum, moderate, and maximum sentences.
Bail Forfeiture
One of the greatest consequences of missing court is bail forfeiture, when the court retains the money you used as bail to guarantee your court appearances. The judge sets an amount based on the details of your case and your criminal history, which is usually high even for a simple misdemeanor but refundable after the case regardless of outcome. Failure to appear puts you at risk of losing that bail to the court. If you used a substantial amount from your own or your family's resources, this can be a significant loss that is challenging to recover from, and if you used a valuable asset like real estate or a vehicle, you lose it to the court. If you used bail bonds, the bondsman will do their best to recover their loss from you, possibly by filing a civil suit or liquidating any collateral you provided.
Ex Parte Judgment on Your Case
In some cases, the judge may make an ex parte judgment without you when you fail to appear, meaning your best interests will not be considered and the ruling may go against you. This gives the other party a chance to win against you, which may come with additional consequences, especially with criminal charges. Attending scheduled court dates helps ensure the final ruling is favorable to you.
What To Do When You Miss a Court Date
The importance of court appearances benefits you, the defendant, and the criminal justice system, ensuring smooth continuity and timely resolution. When a case drags on, the uncertainty can cause stress and anxiety and prevent you from moving past the matter, which may affect your social and professional life — some people's careers are affected by a criminal arrest. So it helps to know what to do when you cannot attend a trial to eliminate the severe consequences of missing court.
When something comes up and you are unsure of your ability to attend, inform the court immediately after realizing you will likely miss the appearance. Contact the court clerk, explain the situation, and ask for help rescheduling or making up the missed appearance, doing so within a reasonable time so the court can reschedule. Consult a skilled criminal attorney if you face charges and are likely to miss a date; they will advise you on the proper steps to avoid a re-arrest, failure-to-appear charges, or contempt charges, and can reschedule your hearing for you.
If the court reschedules, ensure you appear on the next date, which communicates your willingness to see the process through. Failure to appear on the second scheduled date may indicate you are not taking the matter seriously and may be considered contempt of court. Also meet all your other obligations on time, including paying required fines and attending treatment or rehabilitation where applicable. You need a valid reason to miss a court date — acceptable reasons include a medical emergency or hospitalization, the death of an immediate family member, military duty, or a severe unforeseen disaster — and the judge may require evidence, so document what you can to prove your reason.
Revoking a Bench Warrant
When you fail to appear and do not inform the court, the judge will likely issue a bench warrant. You may avoid arrest by revoking the warrant, but your actions must be immediate, before the police execute it, and you may need an attorney to navigate the process. Surrender yourself to the police or make an immediate voluntary appearance before the judge who issued the warrant; you can contact the court beforehand to determine the right time, give your valid reason for failure to appear, and state that you wish to quash the warrant. You can also file a motion to quash or recall the warrant explaining your reason; if accepted, the judge holds a hearing to address the underlying issue, where you provide your reason and evidence, and you could be fined or allowed to reschedule.
Find a Reliable Bail Bondsman Near Me
If you are eligible for bail in California and a bail bondsman is helping you, take time to understand the importance of court appearances. Failure to appear is a serious violation with life-changing penalties, and a reliable bondsman will ensure you understand your obligations after pretrial release and the possible consequences of failing to appear. At King Stahlman® Bail Bonds, we explain our services and expectations to clients beforehand to reduce the chances of failure to appear, and we ensure you understand how we operate, the charges, and the consequences of missing court before you sign an agreement. Call us at 619-232-7127 for more information and help with bail.