Posting bail allows an arrested or accused person to be released from custody while awaiting trial. It provides a great opportunity to prepare a legal defense, continue working, and maintain family responsibilities. However, this freedom comes with the responsibility of adhering to court-set conditions, including attending all scheduled court dates. Missing a court date after posting bail can have severe consequences, not only for the case outcome but also for one’s financial situation and future bail opportunities. Ajua Bail Bonds would like to go into what happens when someone misses their court date and the broader implications of such an action.
Immediate Consequences of Missing a Court Date
Bail Forfeiture: When you miss a court date, the court will typically issue a bench warrant for your arrest, and the bail previously posted may be forfeited. This means that any cash or property put up as collateral could be lost. For those who used a bail bond service, the agency might lose the full bail amount paid to the court.
Increased Charges: Depending on the jurisdiction, failing to appear in court can result in additional charges, such as “failure to appear” (FTA), which could be classified as a misdemeanor or felony based on the original charges. This can complicate your legal troubles and potentially lead to harsher penalties.
Loss of Good Standing: Missing a court appearance can negatively impact how the court views your reliability and trustworthiness. This loss of credibility can influence the judge’s decisions regarding future bail, sentencing, or negotiations like plea deals.
Long-Term Consequences of Missing Court Dates
Impact on Future Bail Opportunities: If you’re arrested again, or if you manage to arrange a new court date after an FTA, the court may be reluctant to grant bail a second time. If it does, the amount might be significantly higher than the original bail set.
Legal & Financial Obligations: If a bail bond was used and then forfeited because of your failure to appear, the bail bond company might seek reimbursement of the forfeited bond from you or your cosigner. This could include legal actions to secure payment, potentially requiring payment of the full bail amount plus any additional fees and expenses incurred by the bail bond company.
Seizure of Collateral: Bail bond services often require collateral to secure a bond, such as real estate, vehicles, or other valuable assets. If bail is forfeited due to an FTA, and if there is an outstanding balance owed to the bail bondsman, these assets can be legally seized or liquidated to cover the loss.
What to Do if You Miss a Court Date
Contact Your Attorney Immediately: If you realize that you’ve missed a court date, contact your lawyer right away. Your attorney can help you understand the best course of action, which might include contacting the court to explain the circumstances and request a new date.
Surrender Voluntarily: In some cases, voluntarily turning yourself into the court or the authorities can mitigate some negative effects, showing the court your willingness to comply with legal processes.
Resolve the Bench Warrant: Your attorney can assist in addressing the bench warrant issued due to your absence. This often involves arranging a court appearance to discuss the FTA and potentially lift the warrant.
Bail Bond Services in Clovis, Reedley, Sanger, Selma, Atwater, Los Banos, Merced, Visalia, Porterville, Tulare, Hanford, Corcoran, Lemoore & Greater Fresno, CA
The consequences of missing a court date after posting bail are severe and can affect your case, your finances, and your future interactions with the judicial system. Ensuring you attend all scheduled appearances or communicating proactively if issues arise is essential. For bail bond services, contact Ajua Bail Bonds today.