One of the most important aspects of being out on bail is understanding and obeying the bail conditions. That includes keeping court appearance dates in mind and honoring them. Failure to comply with the bail conditions can land you on the wrong side of the law.
So, what exactly is bail jumping, and what can you do if you fail to appear in court for unexpected reasons?
Let’s take a deep dive into the topic to find out.
What’s Bail Jumping? Jumped Bail Meaning
Let’s assume that the defendant, charged with a crime, is awaiting trial in prison. The court can release such a person on bail. The judge sets up a certain amount of money or collateral as bail along with some other conditions. There are instances when hefty bail packages were set based on the nature of the crime.
In case the defendant does not have the financial resources for the bail, a bonding company or bondsman can step in. They pay the bail amount by entering into an agreement with the defendant, called the bail bond.
Now, if the person out on bail does not show up in court as ordered, it’s considered a breach of the bail agreement. A closer look will tell you that bail jumping is an intentional violation of the court order. This is often termed as “failure to appear’.
Even if the defendant was present during the first court appearance, subsequent failures to appear are considered bail jumping. A violation of other conditions of the bail can also be considered bail jumping. These conditions may include but are not limited to the following.
- Travel restrictions or not leaving a specified jurisdiction
- Not committing any new crimes
- Reporting to a law enforcement officer or a bail bondsman
- Prohibition on weapons possession
- Avoiding all contact with alleged victims or any witnesses
Some states provide a grace period for the defendant to surrender. For example, New York provides a grace period of 30 days. Other states offer no grace period and consider failure to appear without good cause as a crime.
So, what happens to a bail jumper?
In some cases, bail jumping is a separate misdemeanor or a felony in addition to the original crime the defendant is facing. The severity of bail jumping depends on the nature of the original crime.
Generally, this results in a forfeiture of the bail, or the bail bond gets revoked. A bench warrant being issued against the defendant is another serious consequence. Beyond that, there can be other penalties ─ more on those later.
Understanding the Laws
In most states, it needs to be proven that the defendant willfully or knowingly failed to appear in court. The prosecution should be able to prove that the defendant received a proper notice regarding the hearing date. These notices are mentioned in the bail bond or can be delivered through letters or emails.
If there’s a grace period, voluntary returns to the court within the said period can be a defense against bail-jumping charges. Beyond that, the defendant can point out procedural errors by law enforcement or the court that caused the missed court date.
It’s important to understand bail jumping by considering the intent and the circumstances surrounding the incident. You may unintentionally miss a court appearance due to events beyond your control.
If there’s no credible explanation or if the excuses are inappropriately substantiated, expect the courts to reject them. The judge’s definition of a “reasonable excuse” may differ from yours.
Penalties for Bail Jumping
Here are some penalties that get imposed on the defendant in such scenarios.
- Increased bail amount with stricter release conditions, or the forfeiture of the original bail
- The defendant may lose eligibility for bail in the future
- A warrant being issued for the defendant’s arrest
If it’s considered a criminal charge, there can be additional fines and an increased period of probation or incarceration.
Secondary consequences of bail jumping include employment and housing difficulties. In addition, bail jumping can also affect your relationships. In some states, jumping bail is classified into three levels based on misdemeanor and felony categories.
What Happens if You Jump Bail in California?
California courts take the issue of skipping bail seriously. Anyone who willfully fails to appear before the court is guilty of a felony. The consequences can be a fine of up to $10,000 along with a prison sentence of one year in a county jail.
And remember ─ these penalties will be in addition to the original charges for which the defendant was arrested.
Beyond that, the court takes into account the nature of the offense the defendant is facing and also the record of past court appearances. If you have a history of disregarding legal requirements, expect harsher consequences for bail jumping.
What is a Bench Warrant?
A bench warrant is a legal order and a variation of the arrest warrant. It is issued directly by the court, instructing the law to arrest an individual and present him or her before the court.
Note that if a bench warrant is issued against you, you will need to surrender to the police or you will be arrested in sight. If your bail was posted by a bond company, and you remain unreachable, you are considered a fugitive. So, the bail enforcement agents ─ the modern-day bounty hunters ─ will come after you.
In all, the consequences of ignoring a bench warrant can be serious. Remember this: trying to escape the hands of the law will further complicate your legal issues.
Impact on Future Cases
You can never be sure how the effects of bail jumping will snowball. A history of bail jumping indicates that the defendant is untrustworthy.
In future cases, judges are likely to believe that it’s risky to set the defendant free as the person might flee. That makes it difficult for them to get bail in the future.
Prosecutors can also use this history to prove the defendant’s disregard for the law and argue for a harsher sentence. This can lead to steeper fines and longer prison sentences.
Bail bond companies study the defendant’s history too. For a bail jumper, finding a bail bond company can be challenging too. Or else the companies can demand higher fees or more valuable collateral.
Final Thoughts
Now that you know the meaning of jumping bail, it’s clear that bail violations can have serious legal consequences. However, if you have genuine reasons for skipping a court visit, you need support from a lawyer to protect your legal rights.
It’s natural for first-time bail applicants to feel overwhelmed by the process. This is where a reputable company that specializes in bail bonds can protect your interests and help you navigate the legal hassles. For the best support during legal emergencies, team up with Bail Hotline!
