Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.
It's possible to get the warrant dismissed if the failure to appear wasn't knowing or intentional and you had a reasonable excuse. If you have a reasonable excuse (such as a car accident or emergency hospitalization), your attorney may be able to convince the judge to dismiss the bench warrant.
Fugitive Recovery Agents In California, a bail bondsman typically has six months to find and return the defendant. If the defendant is not found in the timeframe, you will be responsible for paying not only the full amount of the bond, but also any additional expenses and any unpaid premiums.
If the person fails to appear for a Class C misdemeanor or other offense punishable by fine only, the bail jumping and failing to appear is a Class C misdemeanor. If the offense for which the person fails to appear is a felony, bail jumping is a third degree felony, punishable by two to ten years in prison.
So, what is the punishment for bail jumping? In California, it generally depends on the nature of the original crime, but skipping bail often leads to harsher sentencing and fines. When a defendant fails to appear in court, the judge typically issues a bench warrant for their arrest.
Re-Arrest and Return to Jail – The immediate result of bond revocation is the defendant's re-arrest. Law enforcement officers will take the defendant into custody and return them to jail. This can happen without warning, often catching the defendant off guard.
Bail bond agents must then explain the reason for the arrest and present a warrant signed by a judge.
The violation of a judicial requirement to submit a drug test while out on bond can be a big deal. It will result in the suspension of the bond, a re-arrest, and incarceration until a hearing or a trial.
(a) A person who has been released on conditions and who has violated a condition of release, including willfully failing to appear in court, should be subject to a warrant for arrest, modification of release conditions, revocation of release, or an order of detention, or prosecution on available criminal charges.