What is Bail Jumping: Punishments and Jail Time for Failure to Appear in Court

The courts are busy and don’t take kindly to wasted time or resources. One way courts ensure their schedules run smoothly is by charging defendants bail. This system allows individuals accused of crimes to retain some freedom while waiting for their trial date.

Bail is paid back to the defendant once the trial concludes, acting as an incentive to reappear in court. However, sometimes defendants cannot or will not come back as required. Not only can this constitute a separate punishable offense, but it also forfeits the bail’s return.

What is Bail Jumping?

Extenuating circumstances sometimes prevent people from making it to a scheduled court date. Other times, they fear reality and try to flee from a potential guilty verdict. In either case, these individuals are guilty of bail jumping.

Bail Jumping Meaning

Bail jumping, sometimes known as a failure to appear or probation violation, is defined and punished slightly differently depending on the state. However, it always refers to missing an assigned court date while on bail.

This offense is one of the risks of our justice system’s “presumption of innocence” since bail was developed to prevent innocent people from being punished for a crime.

Aside from absence from court, some states look at contextual or mitigating factors before elevating the event to a punishable offense. The most common considerations include whether the individual performed any of the following:

• Intentionally or knowingly failed to appear
• Did not surrender during the jurisdiction’s allotted grace period
• Missed their court date for a good cause

The last factor is difficult to pin down due to the vague definition of a “good cause.” Vehicular accidents, medical emergencies, or proven lack of notice are generally accepted reasons for missing an appearance.

However, personally charged factors like financial hardship, distrust of the legal system, or misinterpreting court documents are up in the air. In some situations, the judge may decide against accusing someone of bail jumping, or there may not be enough evidence to justify a criminal offense.

Types of Bail Jumping

The classification of a bail jumping charge depends on the severity of the alleged crime. Both felony and misdemeanor versions of this offense have different legal consequences.

Some exceptions exist where the defendant poses a higher risk to society or has prior arrest records. However, bail jumping charges generally match the previous charge’s classification.

Violating bail conditions for an underlying misdemeanor charge like petty theft, vandalism, or minor drug possession leads to misdemeanor bail jumping charges.

More serious offenses like armed robbery, repeat drug distribution, or violent crimes are felony charges and lead to felony bail jumping.

Legal Consequences of Bail Jumping

Bail jumping is often seen as an obstruction of governmental operations and a slight against the court’s authority. It may leave a mark on your criminal record if the situation is extreme enough.

Punishment for Failure to Appear in Court

Each state handles bail jumping differently, and there’s no uniform Federal punishment for the offense. Some jurisdictions create straight penalties that affect all instances equally, but most will scale the punishment according to the case.

States also allow bail jumpers a grace period to surrender to the court or get arrested. The precise length of this period ranges from a few days to a month. If the individual fails to come to the courts during this time, they will issue a warrant for their arrest.

Even if the defendant goes the extra mile and flees the state, they’ll still be hit with a bench warrant.

However, it’s not only the government that bail jumpers must worry about. Bondsmen are responsible for the entire bail amount of defendants they endorse. Of course, these services don’t want to pay out a $10,000 bail and will do everything they can to track down the jumper.

What is the Punishment for Bail Jumping?

The punishment for bail jumping can be fines, imprisonment, or other restrictions on the defendant’s freedom during the trial. Additionally, while not an explicit legal consequence, failure to appear may color a judge’s opinion of the defendant.

The severity of the punishment depends on whether the underlying charge was a misdemeanor or a felony.

• Forfeiture of Bail: The most consistent consequence of bail jumping in all states is the loss of your bail. This means your money won’t be returned after the trial sessions, which is a big problem if you go through a bail bondsman or borrow money to make bail.
• Revoked Release: Some states may also disallow any other attempts at bail. Individuals who miss their court date may spend the duration of the trial in jail or face a significantly increased bond amount.
• Fines: Bail Jumpers may face significant fines depending on whether the offense is a felony or misdemeanor. The fine can range from a few hundred dollars to over $10,000 for more severe cases.
• Added Charges: Bail jumping is considered a separate offense from the underlying crime. This means you risk adding jail time or compensation to a guilty verdict. Additionally, you can face imprisonment and fines even if you’re acquitted of the original crime.

Jail Time and Legal Ramifications

One of the main reasons people bail jump is because they don’t want to face the stress and potential judgment that comes from a verdict. Ironically, this robs them of the freedom their bail bought and increases the likelihood of jail time.

How Long Do You Go to Jail for Failure to Appear?

A stint in jail is on the table for both misdemeanor and felony bail jumpers, but it’s far more likely for the latter. Although states say that misdemeanor failure to appear is punishable by up to a year in prison, most courts will let defendants off the hook with a few-hundred dollar fine.

This leniency might change if the individual is a repeat offender or has proven themselves a flight risk. In these situations, the judge might deny bail and order the defendant’s imprisonment until the case is resolved.

Felony failure to appear is a more serious infraction, but it’s typically classified as the lowest class felony in the respective state’s ranking system. Offenders can expect to face, at most, ten years of imprisonment.

For example, Texas considers felony bail jumping a third-degree felony, the state’s most charitable felony classification. New York also places felony bail jumping at the lowest status as a class D non-violent felony punishable by up to 7 years imprisonment.

Bail jumping is a serious offense that undermines the judicial system’s process and will add to a defendant’s existing charges. It’s handled differently based on factors like jurisdiction, severity of the underlying crime, and why the defendant missed the appointment.

However, simple excuses like ignorance, addiction, or lack of transportation aren’t enough to overturn a bail jumping charge. Defendants who fail to provide an acceptable explanation will lose the bail amount and be subject to further punishment through fees or imprisonment.

Adhering to bail conditions is crucial to a smooth court process. Not just to avoid legal consequences but to maintain a positive impression on the courts. Ultimately, it’s all about respecting schedules, legal obligations, and the systems that uphold the American presumption of innocence.