5 Consequences to a Defendant for Skipping Bail
Bail is the amount of money levied against a defendant to secure release before a trial. Without bail, a defendant goes straight to jail. After securing your release with a bail bond, failure to show up for your scheduled court date is skipping bail.
The decision to skip bail is usually hasty and made under a moment's stress. The courts have harsh penalties for skipping bail. Read on to learn why skipping bail is not worth it.
1. The Court Will Issue a Bench Warrant
The judge presiding over a case can issue a bench warrant in a defendant's name. Bench warrants are permanent and have no statute of limitation. Therefore, the arrest warrant remains active until the court withdraws or executes it.
A bench warrant authorizes any law enforcement officers to arrest and bring the defendant before the court upon contact. If a court puts out a bench warrant for your arrest after skipping bail, you should turn yourself in.
2. The Secretary of State May Suspend Your Driving License
The court may suspend your driving license if you fail to show up for your court date. The court considers a defendant's failure to appear (FTA) to be the willful defiance of a court order. The court will send you a notice, and if you fail to show up before the notice expires, your Secretary of State will suspend your driving license.
If a traffic officer arrests you for driving with a suspended license, you can face fines and jail time. A license suspension persists until the defendant appears in court or until further notice from the judge. The court can lift the suspension after the defendant pays reinstatement fees.
3. The Court May Impose Additional Charges
Failure to appear (FTA) in court constitutes a separate offense under state and federal law. Depending on the crime by the defendant, failure to appear in court following a citation attracts jail time and hefty fines. Any lawyer would advise against skipping bail as it adds to your legal trouble and prolongs the case.
The court adds FTA charges to a defendant's original charges leaving a permanent mark on your legal record. And even if the court acquits you of the charges, you may still spend time in jail for failing to appear.
4. The Court May Deny You Bail for Future Offenses
An FTA charge does not look good on anyone's legal record. Skipping bail may render one ineligible for future bailouts. A history of FTA charges may counter your future attempts to seek bail. If you ever find yourself in court, the judge can and will probably deny you bail. Judges don't take defendants with FTA charges lightly. At the very least, you may get a high bail amount even for a misdemeanor.
5. You Forfeit Your Bond Money
The court returns the bail amount if a defendant makes all required appearances. However, if you fail to make an appearance, the court seizes any collateral or cash bail paid.
A bail bond company posts bail to secure the release of a defendant. A bail bond company agrees to be liable for the entire bail amount if the defendant follows the court's orders. If you skip bail, you forfeit the bond, and the bond company will charge you the total amount paid for your release.
Defendants usually skip bail as the last resort tactic to get out of spending time in jail. However, skipping bail doesn't rid you of any consequences; it just postpones them. In many cases, skipping bail is an extremely risky move that can yield dire consequences. Of course, every case is different, so the penalties for skipping bail differ.
Contact us at Bail Busters if you or a loved one needs assistance with a bail bond.
