What Happens If You Skip Bail?

When facing criminal charges, one of the options you may be given is bail — an amount of money or property that ensures you will return to court for your trial. While bail offers an opportunity for temporary freedom, it comes with significant responsibilities. Skipping bail, also known as bail jumping or bail forfeiture, can lead to severe legal consequences. In this post, we’ll explain what happens if you skip bail, the potential consequences you face, and how to handle the situation if you find yourself in this predicament.

Understanding Bail

Before diving into what happens when you skip bail, it's essential to understand what bail is and its purpose in the criminal justice system.

What is Bail?
Bail is a monetary amount or property pledged by the accused or a third party to guarantee that the defendant will appear in court as scheduled. If the defendant fails to appear, the court may forfeit the bail, and the person who posted it may lose the money or property.

Bail serves as an assurance to the court that the defendant will return to court for their hearing. It can be granted in various forms, including cash bail, property bail, or surety bonds.

The Legal Consequences of Skipping Bail

If you skip bail, you are essentially breaking the agreement made with the court. The consequences can be severe and may include both legal and financial penalties.

1. Warrant for Arrest

One of the immediate consequences of skipping bail is the issuance of a bench warrant for your arrest. This means that law enforcement will actively seek you out and arrest you on the spot. This arrest could take place at any time, and you will likely be charged with a separate crime: failure to appear.

• Failure to Appear (FTA) Charges: If you fail to appear in court, you could be charged with failure to appear, which is considered a criminal offense in itself. Depending on the state, this can carry substantial fines, additional charges, and even jail time.

• Additional Charges: In some cases, if you intentionally skip bail, you might be charged with bail jumping or skipping bond, which could result in felony charges.

2. Forfeiture of Bail

When you skip bail, the court may order the forfeiture of the bail amount, meaning that the money or property you posted as bail will be forfeited. This means you or the person who posted bail will lose that amount, which could be substantial depending on the bail set by the court.

• Cash Bail Forfeiture: If cash bail was paid, the entire amount may be forfeited.

• Property Bail Forfeiture: If property was pledged as bail, such as a house or vehicle, it can be seized to cover the bail amount.

In most cases, the court allows a short period to bring the defendant back into custody before they order the forfeiture of bail. However, if the defendant cannot be located or refuses to return to court, the bail will be forfeited.

3. Increased Bail Amount or Denial of Bail

Skipping bail can have long-term consequences for future cases. If you are arrested again or face charges in the future, the court may refuse to grant bail, or they may set a much higher amount than before. Judges may view you as a flight risk, meaning they may assume you will skip bail again.

This can create a cycle of increasing bail amounts, making it even harder for you to gain release before trial. In some instances, skipping bail can result in the denial of bail entirely.

4. Impact on Bail Bondsman

If you used a bail bondsman to post your bail, skipping bail can also have consequences for the bondsman. A bail bond is a guarantee that the bondsman will pay the full bail amount if the defendant fails to appear in court.

• Bondsman Liability: If you skip bail, the bondsman is responsible for paying the entire bail amount. As a result, they may go after you or any co-signers (such as family or friends) who guaranteed the bond. This could lead to financial hardship for everyone involved.

• Co-Signer Responsibilities: If someone co-signed for your bail, they will be liable for the amount of the bond if you skip bail. This could ruin their credit and finances, and they may face legal consequences as well.

5. Difficulty in Future Legal Proceedings

Skipping bail may complicate any future legal matters. If you skip bail in one case, it may affect your standing in future court hearings or criminal trials. The court may see you as untrustworthy or unwilling to comply with legal processes, which could hurt your case.

Additionally, skipping bail could make it harder to hire a lawyer, as attorneys may be hesitant to represent someone who has a history of failing to appear in court.

What to Do If You Have Skipped Bail

If you find yourself in a situation where you've skipped bail, it’s important to take action as soon as possible to mitigate the legal consequences. Here’s what you can do:

1. Contact Your Attorney Immediately

The first thing you should do is contact your attorney or legal representative. They can help guide you through the process of handling your failure to appear charge, negotiate with the court, and determine if there are any legal options for surrendering yourself without facing further penalties.

2. Surrender Yourself Voluntarily

One of the best things you can do is voluntarily surrender yourself to authorities. If you turn yourself in, it may demonstrate to the court that you are willing to comply with the legal system. This can lead to reduced penalties and a better chance of having your bail reinstated or reduced.

3. Work with Your Bail Bondsman

If you used a bail bondsman, it’s crucial to communicate with them as soon as possible. Some bondsmen may be willing to help you resolve the situation by working out a repayment plan or negotiating your return to court. However, failing to address the issue promptly could result in additional financial and legal consequences for both you and the bondsman.

4. Attend Your Court Hearings

After surrendering, make sure you attend all of your scheduled court hearings. Missing any further hearings can lead to even more severe penalties, including additional charges or a longer prison sentence.

Preventing Bail Issues: What You Can Do

If you're facing charges and want to avoid skipping bail in the future, here are a few tips:

• Ensure you can afford the bail: If you feel the bail amount is too high, consider asking the court to reduce it or negotiate payment terms.

• Stay in contact with your lawyer: Your attorney can remind you of upcoming court dates and help you stay on top of your legal obligations.

• Consider alternatives to cash bail: Depending on the case and jurisdiction, there may be options such as personal recognizance bonds, which don’t require money upfront but depend on your promise to appear.

Conclusion: The Importance of Complying with Bail Requirements

Skipping bail can have significant legal, financial, and personal consequences. If you fail to appear in court, you could face arrest, bail forfeiture, increased bail amounts, or even additional criminal charges. It’s essential to understand the gravity of skipping bail and take immediate action to address any issues. Always consult with a lawyer and work with your bail bondsman to find the best solution.

If you're concerned about your bail or have skipped bail in the past, it's important to seek legal advice and take steps to resolve the situation as quickly as possible. By acting responsibly and staying on top of your court obligations, you can avoid severe legal ramifications and protect your future.

Call to Action: If you’re facing legal trouble or are unsure of your bail responsibilities, contact a qualified criminal defense attorney today. They can guide you through the process, help you navigate any complications, and ensure you understand your rights and responsibilities.