Navigating the criminal justice system is undoubtedly daunting and stressful, especially if you or a family member is in legal custody as a suspect in a criminal case. One of the vital processes you will likely pass through after an arrest is the bail process. Bail is the predetermined or court-set amount that you must pay to stay out of jail after an arrest to await your court hearings while at home with your loved ones.
As part of the requirement for the pretrial release on bail, you must return to court for all the scheduled court dates. While missing a court date could seem like a minor mistake, especially if the alleged offense is minor, this violation could lead to grave and long-lasting consequences.
Understanding what happens when you miss a court date and the steps you can take to prevent or minimize the possible consequences is key.
A Look at What a Bench Warrant Means After Skipping Bail
Once the court receives information that you have missed a scheduled court date, it will issue a bench warrant, authorizing the police to arrest and detain you. The bench warrant will remain active until the police arrest you, return you to legal custody, or bring you back to court. Sometimes the police could take a few days, weeks, or months to arrest you after receiving the arrest warrant.
What you need to know is that police officers can arrest you at any time if they have a valid court-issued warrant. Generally speaking, a judge issues a bench warrant to ensure your availability in court as required. Once you return to court, the court will hold a hearing to determine an appropriate course of action. Depending on the facts of your unique case, the court could do the following:
- Reinstate your bail and issue you a stern warning
- Reinstate your bail with the same or modified conditions
- Revoke your bail and require you to stay in jail as your case continues
The court decision during this hearing will depend on the facts of your unique case, whether you are a flight risk, and your attorney’s mitigating arguments.
Understanding Bail Forfeiture and the Associated Timeline
The court can forfeit your bail when you skip bail or fail to appear in court for the scheduled court hearing, including arraignment, pretrial, and trial hearings, without a justifiable excuse. When the court forfeits your bail for failure to attend your scheduled hearings, the following two scenarios could happen:
- The bail bondsman you worked with to secure bail bond services should surrender you in court within 180 days or pay your full bail amount.
- The court can keep the money that you or a cosigner (a friend, brother, or colleague) posted to secure your pretrial release
To avoid these issues, you should comply with all the requirements of your pretrial release on bail, particularly attending the scheduled court dates.
How the Bail Bondsman Will Respond After a Bail Forfeiture
Since the bail bondsman’s money will be on the line after your bail forfeiture, he/she will do whatever is possible to bring you back into legal custody. Before the 180-day period expires, the bail bondsman can work with bounty hunters to locate you and bring you into legal custody.
While they are not law enforcement officers, bounty hunters have the necessary training to track your whereabouts when you skip bail. If you or a cosigner had to surrender collateral to secure your pretrial release on bond, the bail bondsman will likely seize it when you skip bail to recover his/her losses. A collateral could be any valuable item, including a house, car, boat, jewelry, or real estate.
What You Need to Do After Missing a Court Date Following a Pretrial Release on Bail
Understanding what to do if you have missed a court date is key to avoiding these possible legal repercussions, which could significantly impact the quality of your life. In many cases, skipping bail is not a willful act or a matter of ignorance.
Sometimes, life can happen, and situations that are outside your control could make it challenging to make your court appearances, even if you wanted to. Here are examples of common reasons that could make you skip bail unintentionally:
- A medical emergency or illness —When you suffer a serious illness or injury in an accident, necessitating staying in the hospital for treatment and recuperation, attending your scheduled court hearings could be challenging
- Fear or anxiety — A criminal charge is an overwhelming issue, and could make you feel fearful or anxious about making your court appearances
- Transportation issues — Lack of transportation means could make it difficult for you to show up in court as scheduled
If any of these situations apply to you, you should take the necessary steps to address your absence in court to avoid possible repercussions. For example, after missing a court date, you should do the following:
- Turn yourself in — Surrendering yourself to law enforcement authorities after missing a court date can show that you did not do it intentionally, increasing your chances of securing a favorable outcome
- Contact your criminal defense attorney — Your attorney can offer legal guidance on reinstating your bail and avoiding potential legal repercussions. For example, he/she can help you reschedule another hearing date and prepare evidence to prove to the court you had justifiable reason to miss your court date
- Inform your bail bondsman — Informing your bail bondsman can prevent him/her from hiring bounty hunters on you. Additionally, the bail bondsman can also help you reschedule another hearing after skipping bail
Find a Licensed Bail Bondsman Near Me
Regardless of the seriousness of the alleged offense, understanding the terms and conditions of your pretrial release on bail is crucial. One of those key requirements is showing up in court to challenge the alleged violation until your case is over. Once your case ends, the court will release your bail, meaning you or the cosigner will receive the bail amount or the collateral back.
Similarly, if you worked with a bail bondsman to secure your freedom, he/she will no longer have any financial obligations to the court. We invite you to call our credible bail bondsman at Balboa Bail Bonds at 619-760-2222 if you or a friend needs speedy bail bond services in California.