Missing a court date while out on bail is a serious issue that can lead to significant consequences for the defendant. When a judge grants bail, it’s under the condition that the defendant will attend all scheduled court appearances. Failing to show up can result in penalties ranging from bond forfeiture to additional criminal charges. If you or someone you know misses a court date, it’s crucial to understand the potential outcomes and how to handle the situation.
Immediate Consequences: Bench Warrant
If a defendant misses a scheduled court date, one of the first actions a judge is likely to take is issuing a bench warrant. A bench warrant authorizes law enforcement to arrest the defendant and bring them before the court. The term “bench” refers to the judge’s seat in the courtroom, as the judge is issuing the warrant from the bench.
Once a bench warrant is issued, the defendant can be arrested at any time, whether during a routine traffic stop or at their home or workplace. It’s important to address the situation quickly to avoid further legal complications.
Bond Forfeiture
When bail is posted, it acts as a guarantee that the defendant will return to court for their trial or hearing. Missing a court date usually results in bond forfeiture, meaning the money paid for bail is lost. If a bail bondsman was used to post bail, the bondman becomes responsible for the full bail amount, and they will take steps to recover it.
- If the defendant used a cash bond, they forfeit the full amount to the court.
- If a bail bondsman was involved, the bondsman may send a bounty hunter to track down the defendant and bring them back to court. The bondman also has the right to pursue legal action to recover the forfeited bond amount from the defendant or their co-signer.
Additional Charges
In many cases, missing a court date can lead to additional charges being filed against the defendant. The most common charge is failure to appear, which is treated as a separate criminal offense. The severity of this charge varies by jurisdiction and the nature of the original offense. For minor cases, it may be classified as a misdemeanor, while for more serious cases, it could be a felony.
Failure to appear charges can carry additional penalties, including fines, jail time, or an increased bail amount, making it even more difficult for the defendant to secure release in the future.
Increased Bail or Revocation of Bail
If a defendant is arrested after missing their court date, the judge may choose to increase the bail amount or revoke bail entirely. This means that even if the defendant is able to pay the increased bail, they may not be granted bail again in the future, depending on the severity of the offense and the reason for missing the court date.
Judges take missed court appearances seriously, especially if there’s a pattern of noncompliance, which can make it more difficult for the defendant to remain free while awaiting trial.
How to Handle the Situation
If you realize that you have missed a court date, it’s important to take action immediately to minimize the consequences. The best course of action is to contact your attorney as soon as possible. In some cases, the attorney may be able to have the bench warrant lifted and schedule a new court date without the need for an arrest. Additionally, providing a valid reason for missing court, such as a medical emergency, can help reduce potential penalties.
If you are unable to reach an attorney, contacting the court directly to explain the situation and request a new court date is another option. Acting quickly and showing good faith in wanting to resolve the situation can work in your favor.
Conclusion
Missing a court date while out on bail can lead to severe consequences, including bond forfeiture, additional charges, and the issuance of a bench warrant. It’s important to handle the situation as soon as possible by contacting your attorney or the court to mitigate the penalties. Taking swift action may prevent further legal complications and help you regain control of your case.