It’s important to understand how the bail system works before you get involved with committing to pay someone else’s bail. Bail is the funds that are deposited by a defendant designed to make certain the accused party shows up for all future court appearances.
The bond itself can be cash or as a bond secured by a bail bondsman. It depends on the nature of the crime and the severity of the offense whether or not bail will be imposed. It will be a set amount that a judge can lower or increase depending on the circumstances and the defendant’s character. This guide will dive deeper into the question, what if the defendant doesn’t show up for court after I’ve posted bond? This way you’ll know what to expect and any next steps.
How Bail is Set
The first matter to address is how bail is set. In California, each county keeps a local bail schedule for particular types of offenses. As soon as you are arrested then a loved one can review this bail schedule to determine the amount, or you can ask a bail bondsman to do so. Generally, the offender will be released after booking with no bail if it’s a relatively minor incident.
The jail will require the amount to be paid or a bond posted if the offense is on the bail schedule. Your arresting officer has the right to increase the bail amount from what’s listed on the bail schedule. However, during your first court appearance after being arrested, or your arraignment, the judge will either confirm the bail amount or modify it. You should also know that your defense attorney can request a hearing on your bail to challenge it within two days following your arraignment.
There will be a few ways the situation can go at your bail hearing. The court will decrease it, increase it, leave the bail where it stands, or release you.
Failing to Appear After You’re Bailed Out
So what happens if the defendant doesn’t show up for court after you’ve posted bond. In this case, there are consequences if the defendant fails to appear after you’ve bailed them out. It can be a very serious offense, and a situation that isn’t taken lightly. If your initial charge is a misdemeanor then when you fail to appear in court it’s also a misdemeanor. However, if you’re originally charged with a felony then you could be charged with another felony if you fail to appear in court. No matter if you were required to post bail or not, the court will issue a bench warrant for your arrest.
Failing to Appear in Court & Your Bail
Another question you may want to know more about is if you lose your bail if you fail to appear in court. You risk forfeiting the whole amount to the court if you posted cash bail. While this also holds true when using a bond company, the bond company is the one who will be responsible for the entire bond amount. In the case that you put up collateral for the bond, the bond can sell it and use this money to pay the court.
Overall, failing to appear in court has both financial and serious criminal reprimands you may face. Not only that, but you also risk ruining the relationship with your loved one who posted the bond.
When Your Loved One Fails to Appear
You should also consider the reasons why the defendant didn’t appear in court. There are some instances such as the defendant being hospitalized which would act as a defense if your loved one fails to appear in court. You’ll want a lawyer who can help prove they are not avoiding or failing to appear on purpose.
The defendant risks forfeiting the bail when they don’t comply with court orders or the conditions of the bail. The best approach is using open and honest communication between you, the defendant, and the bail bond company.
How to Post Bail With A Bail Bondsman
The most common way to post bail is by securing a bond through a bail bondsman company such as Mr Nice Guy Bail Bonds. Bail can be quite costly and you may not have the funds to cover it fully. If you go through a bail bondsman then you pay the bondsman up to 10% of the bail amount. The bondsman will then deliver this to the court to secure the release of the defendant.
The majority of the time someone else posts the bail other than the defendant. Co-signing for a bond with a bail bond company means you have certain obligations too. It’s important to keep in mind that if the defendant flees the jurisdiction or doesn’t appear at the next court date then the bond company will try to find the defendant. If they can’t locate the defendant then they’ll come to you for payment. Therefore, you shouldn’t take your duties or what you’re signing lightly.
Should You Tell Your Bail Bondsman?
You might also be wondering if you should speak up and tell your bail bondsman about the defendant thinking about not appearing in court. If you suspect that the defendant is planning to skip the court appearance for any reason or has been re-arrested then do contact your bail bond company right away. We understand the frustration of it all and the financial implication of the situation and want to help. Always get in touch with us to let us know what’s unfolding so we can come up with the best solution and plan for moving forward.
Next Steps
If you have been arrested or you’re someone considering posting bond for a loved one then we can help. Reach out to our friendly staff to learn more about the bail bond process and how to get yourself or someone you love out of jail quickly and at an affordable price. We have some of the fastest releases from jail and can bail online or over the phone. Our bail bond company offers some of the lowest rates and has easy payment plans as well.
