When someone is arrested and later granted bail, they’re given the opportunity to be released from custody while awaiting their court date. Posting bail allows the defendant to return home and prepare for their trial, but it also comes with a significant responsibility: showing up for all scheduled court hearings.
But what happens if you miss your court date after posting bail? The consequences can be severe and can turn a seemingly minor mistake into a legal nightmare. Here is what happens if you don’t show up to court after posting bail, including the forfeiture of the bond, the possibility of arrest, and additional charges that could be filed.
Bail Bond Forfeiture
The primary consequence of missing a court date after posting bail is the forfeiture of the bail bond. Bail is typically set to ensure that the defendant appears for their court hearings. If the defendant does not show up as promised, the court will consider the bail bond forfeited.
For example, if someone posts bail through a bail bondsman, the bondsman has essentially taken on the financial risk, promising to pay the full bail amount if the defendant skips their court date. If the defendant misses the hearing, the bondsman will lose that money. As a result, the bondsman may pursue the defendant or take other steps to recover the amount.
The amount of the bail bond forfeited depends on the type of bond used. For a cash bond, the full amount is at risk, while for a surety bond (issued by a bondsman), the bondsman will have to cover the full bond if the defendant fails to appear. The defendant might also be required to reimburse the bondsman for the money lost.
An Arrest Warrant Is Issued
Courts take failure to appear very seriously. If a defendant skips a scheduled court hearing, the judge will issue a bench warrant for their arrest.
This warrant allows law enforcement to arrest the defendant at any time. The defendant could be arrested at their home, work, or any other location they happen to be, and this can happen long after the original court date has passed.
The defendant may be detained until they are able to see the judge again, and often, additional charges related to failure to appear can be added to the original case.
Additional Charges: Failure to Appear
In many jurisdictions, missing a court date can lead to an additional criminal charge, often called “failure to appear.” This is a separate offense from the one the defendant was originally arrested for, and it can carry serious penalties.
The severity of the charge depends on the nature of the original crime. For example:
- Misdemeanors. Missing a court date for a misdemeanor charge could result in an additional misdemeanor charge for failure to appear, along with the possibility of fines or short jail time.
- Felonies. If the original charge was a felony, failure to appear may lead to felony charges for missing the court date. This could result in longer jail sentences or additional fines.
Even if the defendant had a valid reason for missing court, such as a medical emergency or transportation issues, they would still face significant consequences. If they can’t provide proof of a legitimate excuse, the judge is likely to view their failure to appear as a deliberate act of defiance.
Increased Bail or No Bail at All
If a defendant misses a court date, they can face increased difficulty in getting bail in the future. When they are arrested after the bench warrant is issued, the judge may set a higher bail amount to ensure that they show up for all future hearings. Alternatively, the judge could deny bail altogether, especially if they believe the defendant is a flight risk or will not comply with future court dates.
In some cases, the judge may even revoke the original bail, requiring the defendant to remain in jail until their case is resolved.
Loss of Reputation and Facing Legal Consequences
A failure to appear is often seen as an indication of a lack of respect for the legal process and can damage the defendant’s credibility in the eyes of the judge, law enforcement, and attorneys involved in the case.
The defendant may also face challenges in future legal situations, such as applying for bail in other cases, dealing with probation officers, or even facing more stringent sentencing due to their previous behavior.
Potential Impact on Co-Signers or Family Members
If the defendant had a co-signer for the bail bond (such as a family member or friend who agreed to pay the bond if the defendant failed to appear), that co-signer could also face financial consequences. The court will hold the co-signer responsible for the amount of bail that was posted, and if the defendant skips town, the co-signer may have to pay the full bond amount.
The co-signer could also face their own legal consequences if they are found to be complicit in the defendant’s failure to appear or involved in helping the defendant evade law enforcement.
What to Do If You Miss Your Court Appearance Date
It’s critical to take immediate action. Here are some steps you should take:
- Contact Your Attorney. If you have a lawyer, let them know immediately. They may be able to request a new hearing date, explain the reason for your absence, or help mitigate the consequences.
- Turn Yourself In. If there is a warrant for your arrest, it’s usually best to voluntarily turn yourself in rather than wait for law enforcement to come looking for you. This can show the judge that you’re taking responsibility for your actions.
- Explain the Situation. If there was a legitimate reason for your absence (illness, emergency, etc.), gather any relevant documentation (like medical records or proof of an emergency) to present to the court.
The Bottom Line
Missing a court date after posting bail is a serious mistake that can lead to a cascade of negative consequences. From the forfeiture of the bail bond to the issuance of an arrest warrant, added criminal charges, and the potential for higher bail or no bail at all, the risks are significant. If you’ve missed your court date, it’s important to act quickly and take the necessary steps to minimize the damage.
Remember: Showing up to court isn’t just about avoiding penalties — it’s about respecting the legal process and ensuring that your case is handled in the best possible way. If you’re ever in doubt about your court date or need help with your case, don’t hesitate to reach out to a legal professional for advice.
About Affordabail
Affordabail is a local bonding company. With several locations throughout the state of Louisiana, we service St. Tammany Parish Jail in Covington, Livingston Parish Jail in Livingston, Jefferson Parish Jail in Gretna, Tangipahoa Parish Jail in Amite, St. John Parish Jail in Laplace, and many more.
For more than 20 years in the industry, Affordabail Bail Bonds has been providing both families and individuals with expedient and efficient bail service. We are reliable at any time, day or night. We are always here for our clients and we treat people who require bail as people, not criminals. There is no way of knowing the circumstances behind what has happened to an accused, and we firmly believe in “innocent until proven guilty.” This respectful approach to our clients is part of what makes Affordabail better than the competition.
We process all bond payments securely, and our friendly staff is efficient and hardworking, getting all the required paperwork done as quickly as possible. We do not want loved ones to stay in custody longer than necessary. Our bail bondsman will make the entire process of obtaining bail simple and painless. Let industry knowledge work for you.
We offer payment plans, too. For more details on the types of bail bonds we offer, and to get started, call any of our locations, or fill out an online form.
