Walking out of jail is a feeling that is unmatched and certainly one that you will not forget, even if you were only locked up for one day. There is something about regaining your freedom that makes it a priceless undertaking.
However, for one reason, you may miss your bail bond hearing. You expose yourself to new 'failure to appear charges by missing your court date. On average, 25% of defendants that are released before the conclusion of their cases end up skipping bail and facing these charges. Skipping your bail hearing comes with consequences. So, what exactly is bail, and what are the repercussions if you skip it?
Before we delve into the consequences of skipping bail, let us first consider what the term stands for. The constitution in the US provides a variety of amendments that regulate how laws operate.
Every citizen has a right to bail, which is contained in the Eighth Amendment.
The Eighth Amendment allows each defendant to get out of jail by posting bail as an alternative option to staying in jail as your legal criminal case is ongoing.
You pay bail to access your freedom and post the payment in the full knowledge that you will agree to certain conditions. The main condition that you will agree to is to attend all of the court's hearings related to the particular charges that got you in trouble with the law in the first place. Bail, however, does not get rid of the charges that are leveled against you. It only gives you a chance to get out of jail, and failing to honor the agreements will lead you into more trouble with the law.
To post your bail payment, there are two main avenues you can use:
Most people will contract the services of a bail bondsman when the money required is more than what they can afford.
If you had already paid up your bond amount with your funds, you should not expect to get a refund on the money once you skip a hearing. The court will exercise its right to keep the bond money, regardless of how high the amount is. If you do not skip your bail bond hearing, attend all the hearings, and comply with other requirements, you will get a refund of the money that was paid as bail. The amount you get will be less owing to the expenses the court will charge for your case.
Whenever a bondsman is involved in a case, the bail bondsman is the individual who loses their cash then the defendant skips bail. Therefore, if you skip bail, you should do so fully, knowing that the bail bondsman will charge you the full amount that was paid for your release. You would have already paid a fee to the bondsman when you requested their services, and this amount will also not be refundable. Instead, you will owe the fee that you gave the bondsman, along with the full amount that the bail agency used to ensure your release.
When the court calls out your name during a court hearing, and you are absent, the court is faced with two options. First, they may allow you an additional day or even more to appear in court for the hearing. Second, the court may decide to issue a warrant. If the warrant for your arrest is not issued immediately when you skip your hearing, it will be issued after some time if you still do not avail yourself.
A warrant being issued for your arrest means that the authorities will be on the lookout for you and arrest you. If you are employed, they may appear at your workplace to arrest you. They will also not hesitate to show up at your doorste3p or any other location where they think you might be. They will take you directly back to jail when they finally find you. The biggest hurdle you will then face is that you will remain in jail until the completion of your case in court.
Skipping bail does not mean that your old charges are forgotten. Instead, it piles on new charges onto your case. You will now have to face the charge of skipping bail, and this is an offense that the court takes seriously.
If you skip your court session, you may get denied bail if you ever find yourself arrested again.
If you skip bail, all is not lost as there is recourse if you can prove that you skipped your hearing based on a valid reason. Some viable, valid reasons for missing out on your hearing include getting a serious health condition on the day the trial is scheduled, being involved in a car crash, or experiencing any other event that puts your life at risk.
Another valid reason is if there was a miscommunication and you were not properly notified of the hearing. In such a case, the court may be more lenient and withdraw the additional charges you would have otherwise faced.
Since skipping out on bail is an offense, bail bond companies usually work tirelessly to ensure you are present for your hearing. This is the main reason why individuals opt for bail bonds as opposed to cash bail.
Getting charged for failing to appear is not a good situation when you are out on bail. However, mistakes do happen, and if this is your case, you should reach out to us as we are available 24/7 to take care of your bail requirements.