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When you are granted bail after an arrest, you agree to be attending scheduled court dates regarding your case. This ensures a smooth continuity and a timely conclusion of your case. Failure to appear is a serious matter because it disrupts court proceedings and impairs their smooth operation. Judges take failure to appear very seriously and can order your re-arrest and fresh charges against you.
It helps to understand the importance of court appearances and the possible consequences of missing court, to prepare well as you seek pretrial release. A competent criminal attorney or a reliable bail bondsman can help you with that information. A bail bondsman can also help you post bail if you lack the financial resources to bail yourself out of jail.
The Essence of Bail in the California Justice System
When you are arrested for a crime, your case will likely proceed to trial to determine the outcome. Before a trial, you must be booked into the police database, enter a plea, and the prosecutor must conduct a thorough investigation into the matter to obtain concrete evidence against you. These processes cannot all happen on the day of your arrest. Your case can be heard and determined within days, weeks, months, or years, depending on its nature and the scope of investigation needed.
In this case, there is usually a need to release the defendant to await the determination of their case from home. This is done with the hope that the defendant will be attending scheduled court dates regarding their case. The judge sets the hearing dates on which you must attend the trial. If you fail to attend a scheduled court date without a justifiable reason, you commit failure to appear, which is a criminal offense under the law.
However, this pretrial release is not granted to everyone who is facing criminal charges. The court must first determine your eligibility for bail and set the amount. Your eligibility for bail is mainly based on your willingness and commitment to attending scheduled court dates. If you will likely flee or are a safety threat, the court may deny you bail.
Pretrial release eases congestion in local jail facilities. These facilities lack the capacity to hold everyone arrested for a crime. It is also costly to maintain these facilities if everyone arrested is detained until their cases are concluded. Pretrial releases also serve the interests of taxpayers, who fund local jail facilities.
Additionally, arrested persons are not guilty until they are determined guilty through a court process. Being charged with a crime does not automatically make you a criminal. In this case, you have the right to remain free until you are convicted of a crime. If you are eligible for a pretrial release, the court will grant you bail. You can post it through cash, use a property bond, or a bail bond service.
The Consequences of Missing Court
Failure to appear happens when you miss a scheduled court date without a justifiable reason. It is a serious violation in California, with serious consequences. Failure to appear is a crime, so you could face criminal charges and penalties for not attending scheduled court dates. Here are some of the common consequences of missing court:
An Arrest Warrant
When you fail to appear, the judge may issue a bench warrant for your arrest. A bench warrant is usually an order issued by a judge authorizing the police to arrest you for failure to appear or contempt of court. In this case, the police will find and arrest you wherever you are. This can happen anywhere, anytime, and without prior warning. You are also not given time to organize or reschedule anything, which may create significant disruption in your life. That is why you should understand the importance of court appearances to avoid this kind of embarrassment and disruption.
Contempt of court
Failure to appear is contempt of court. It happens when you defy or disrespect the authority, integrity, and dignity of a court. When a judge sets a hearing date for your case after granting you bail, they order you to appear on those dates for a scheduled hearing. Failure to appear means that you do not respect the authority or integrity of that court. It disrupts the proceedings and may interfere with justice.
Contempt of court is a criminal offense, punishable by jail time or fines.
Additional Criminal Charges for Failure to Appear
Remember that failure to appear is a criminal offense under PC 1320 and PC 1320.5. It is charged as a misdemeanor or felony, depending on the underlying charge. If you fail to appear in a misdemeanor case, the prosecutor may file additional misdemeanor charges, each punishable by up to six months in jail. If you fail to appear in a felony case, the prosecutor may file felony charges against you, punishable by up to three years in prison.
One of the greatest importance of court appearances is to avoid additional criminal penalties, as these could undermine your current legal situation and result in stiffer penalties upon conviction.
Negative Impact on the Underlying Case
How you behave after an arrest may determine the judge’s final ruling in your case. Judges are likely to treat defendants who cooperate throughout the court processes with leniency, especially during sentencing. Failure to appear may result in stiffer penalties or zero leniency by the judge. You may end up with a maximum sentence in cases where there is a minimum, moderate, and maximum sentence.
Bail Forfeiture
One of the greatest consequences of missing court is bail forfeiture. This happens when the court forfeits or retains the amount of money you used as bail to guarantee your court appearances. When you are eligible for bail, the judge sets an amount that you pay to the court to guarantee your court appearances. The amount is primarily determined by the details of your case and your criminal history. Because bail plays a role in this process, the amount is usually high, even for a simple misdemeanor. However, it is refundable after the case, regardless of its outcome.
Failure to appear puts you at risk of losing your bail to the court through bail forfeiture. The court retains the money as you face other consequences of failure to appear. If you had used a substantial amount from your financial resources or your family’s resources, this can be a significant loss that can be challenging to recover from. If you use a valuable asset, like a real estate property or vehicle, you lose it to the court. If you use bail bonds, the bail bondsman will do their best to recover their loss from you. They can file a civil suit against you for compensation or liquidate any collateral you had given for bail bond services.
Ex Parte Judgment on Your Case
In some cases, the judge may make an ex parte judgment without you when you fail to appear. This means that your best interests will not be considered, and the ruling may be against you. In this case, you give the other party a chance to win against you, which may come with additional consequences, especially with criminal charges. Attending scheduled court dates helps ensure that the final ruling in your case is favorable to you.
What To Do When You Miss a Court Date
The importance of court appearances benefits you, the defendant, and the criminal justice system. It ensures a smooth continuity of your case and a timely resolution of the matter. When a case prolongs for a very long time, the uncertainty of the case can cause stress and anxiety. You are also not able to move past the matter quickly, which may affect your social and professional life. Some people’s careers are affected by a criminal arrest. The impact may persist as long as the case remains unsolved, causing significant disruption to your life. Thus, it helps to know what to do when you cannot attend a trial, to eliminate the severe consequences of missing court.
When something comes up before or during a scheduled court date, and you are unsure of your ability to attend a scheduled trial, inform the court immediately. Do this immediately after realizing that you will likely miss the court appearance. Contact the court clerk and inform them of the situation. Ask them for help rescheduling the court date or for how you can make up for the missed appearance. Ensure you do this within a reasonable time, if your reasons allow, so the court has enough time to reschedule the hearing.
Consult with a skilled criminal attorney if you face criminal charges and are likely to miss a scheduled court date. Remember all the possible consequences of failure to appear and how they will affect you if the court takes action against you. An attorney will advise you on the proper steps to take to avoid a re-arrest, charges for failure to appear, or charges for contempt of court. They will also take it upon themselves to reschedule your court hearing. This ensures you are present at all hearings in your case, improving your chances of obtaining a favorable outcome.
If the court reschedules your court date, ensure that you appear on the next scheduled date. This communicates your willingness to go through the process until your case is heard and determined. Failure to appear on the second scheduled date may indicate that you are not taking the matter seriously and may be considered contempt of court. Also, meet all your other obligations on time, including paying the required fines and attending treatment or rehabilitation (whichever one applies to your case). This shows your seriousness in taking responsibility for your actions.
You need a valid reason to miss a court date. A judge will only agree to reschedule your hearing if you have a valid reason for failure to appear. Some of the acceptable reasons include a medical emergency or hospitalization, the death of an immediate family member, military duty, or a severe unforeseen disaster. The judge may require evidence of a valid reason not to take action against you. Thus, document what you can to ensure that you can prove your reason for missing court.
Revoking a Bench Warrant
When you fail to appear and do not inform the court, the judge will likely issue a bench warrant for your arrest. You may avoid this arrest by revoking the bench warrant. Your actions should be immediate, before the police execute the arrest warrant. You may need an attorney to navigate the process successfully.
Surrender yourself to the police, or make an immediate voluntary appearance before the judge. Who issued the warrant. You can contact the court beforehand to determine the right time to do this. Give your valid reason for failure to appear, and state that you wish to quash the warrant.
You can also file a motion in court to quash or recall the warrant. In this motion, explain your reason for failure to appear. If the court accepts the motion, the judge will hold a hearing to address the underlying issue. Prepare to provide the reason and evidence for your failure to appear. You could be fined or allowed to reschedule the hearing.
Find a Reliable Bail Bondsman Near Me
If you are eligible for bail in California, and a bail bondsman is helping you, take time to understand the importance of court appearances. Failure to appear is a serious violation, and its penalties and consequences are life-changing. A reliable bail bondman will ensure you understand your obligation after a pretrial release and the possible consequences when you fail to appear.
At King Stahlman Bail Bonds, we explain our services and expectations to our clients beforehand to reduce the chances of failure to appear. We also ensure you understand how we operate, the charges, and the consequences of missing court before you sign an agreement with us. Call us at 619-232-7127 for more information and help with bail.
