On some occasions, when a person is arrested and charged with a crime, they are placed in the jail of the municipality or county in which they are arrested. Or, if they are arrested for a federal crime, they may be placed in federal detention. They may then be able to get out of jail by posting bail. Bail is cash, a bond, or property that an arrested person gives to a court to ensure that they will come back to court and appear there when the court orders them to do that.
The cash, bond, or property ensures that the person will appear in court as required because they know that if they do not, they will lose their money or property.
As noted, if the person does not appear in court when ordered to do so, they forfeit the bail, meaning they do not get the cash, item of value, or bond amount back. The court keeps it and also issues a warrant for the person’s arrest. In addition, the person can be charged with a new crime known as “failure to appear” (FTA), or “bail jumping” as it is referred to colloquially.
Judges are responsible for setting bail, but many people who are in jail want to exit as soon as possible. So, most jails have standard schedules of specific bail amounts for specific crimes. A person who has been jailed after an arrest may be able to get out of jail rapidly if they pay the amount specified in the schedule. Or they may have to wait until they can attend a bail hearing.
If a suspect wants to post bail but does not have the funds required by the bail schedule, the suspect can ask a judge to lower the bail amount. This can be done either in a special bail hearing or when the suspect appears in court for the first time at a proceeding that is called an “arraignment.” It is at an arraignment that a person is formally charged with a crime and officially becomes a defendant in a criminal prosecution.
Another option for a suspect is to purchase a bail bond. People in the business of selling bail bonds, known as “bail bondsmen” or “bail bond agents,” provide written agreements to criminal courts to pay the full bail of a suspect if they agree to guarantee the suspect’s appearance.
Bail bondsmen generally usually charge a suspect 10% of the bail amount as a fee in return for the bondsman’s promise to pay the bail amount. They may charge additional fees as well. Some states have capped bail bond fees at 8% of the amount charged.
The bondsman may also require that the suspect provide them with a statement of creditworthiness. Or, if that is not an option, the bondsman may require that the suspect hand over collateral for the bond. This would be an item of value such as a parcel of real property, securities, jewelry, title to a car, or anything else the bondsman might be willing to accept.
Once the court receives either the bail or the bail bond, a suspect is released until trial or until they violate the terms of their release on bail.
Is Bail Jumping a Crime?
As noted above, jumping bail, which is not appearing in court when required to do so by a court order, is a crime, the crime of “failure to appear.” So, again, a suspect who fails to appear in court as required loses the amount they posted as bail or their bail bond. In addition, they may face a new criminal charge.
They also continue to face their original criminal charges. In fact, even if the person is found to be innocent of the crime that led to their being placed in jail in the first place, they can still be found guilty of FTA.
In some states, a person is charged with FTA only if they fail to surrender within a certain period of time after forfeiting bond, such as 30 days. In other states, a person may only be charged with FTA if the underlying crime with which they are charged is a felony.
In most states and in the federal criminal justice system, an FTA may be either a misdemeanor or a felony, depending on whether the underlying charge is a misdemeanor or a felony. A person can appear as required in one instance but be charged with FTA if they fail to show up for a subsequent appearance.
What Are the Penalties for Bail Jumping?
The punishment for jumping bail depends on the law in the state in which the person jumps bail. Bail jumping is also a federal crime. The punishment for federal FTA depends on how serious the crime is for which the suspect was first arrested and jailed.
For example, say the underlying federal crime carries a sentence of a maximum of 15 years in prison. In that case, an FTA charge might carry a maximum term of imprisonment of 10 years in federal prison and payment of a fine. An FTA can be punishable by a maximum of 1 year and a fine if it is a misdemeanor.
The punishment in various states may be similar to the punishment in federal court; it would depend on the nature of the underlying offense. For example, in Virginia, if the underlying crime with which the person was charged was a felony, then FTA would be a Class Six felony. If the underlying crime was a misdemeanor, then any related FTA would be a misdemeanor as well.
As noted above, in Virginia, the crime of FTA is a Class 6 felony for which the punishment is a maximum of 5 years in prison and payment of a maximum fine of $2500.
How Long Will I Have to Spend in Jail if I Jump Bail?
If a person fails to appear in court when required, the judge is compelled to issue a warrant for their arrest. The warrant means that law enforcement can arrest the person at any time after the warrant is issued. For example, a traffic stop for speeding or DUI could result in the arrest of the person if the police run their information through their system, which they are likely to do.
Imagine a person’s underlying crime is a serious one. In that case, the judge could even order the police to go to the person’s home or place of work to find and arrest the person. Once in custody, the person would remain in jail until their case comes to a conclusion. This detention in jail could last for a matter of days or months.
If a person was released without bail before, the court could very well require them to post bail again this time. If they had posted bail before, the court might increase the amount of bail. Or the court might deny bail and make the person remain in jail. A person might have to spend some time in jail before their case concludes, again days or possibly months.
Am I Automatically Guilty of Jumping Bail?
A person is never “automatically guilty” of any criminal charge in the U.S. In order to be convicted of a crime, a person must plead guilty or be found guilty by a judge or jury after a trial. In order to convict a person of FTA, the prosecution must prove that the perpetrator intentionally failed to appear in court after receiving notice that their appearance was required.
Are There Any Defenses to Skipping Bail?
If the person can show that they never received the notice of their need to appear, this could be a defense to a charge of FTA. In most cases, the judge gives the notice to the defendant or their attorney. For a person who does not have an attorney to represent them, the court mails the notice to their address.
Note that if the person did not provide an address or gave the wrong address to the court, then this cannot serve as an excuse for FTA. If, again, the notice to appear was sent or delivered to the wrong address, the judge may accept this as an excuse. The same will apply if a person moves to a new residence before the notice is mailed to them.
If a person had an emergency that was beyond their control, this may excuse an FTA. For example, if a person had an honest medical emergency or their child was sick, this might serve as a valid excuse. However, some emergencies may give a person enough time to call the court to explain the situation. If so, a person should do this. If they do not, they may need some kind of documentation to show the court to prove the crisis.
Should I Contact an Attorney About Jumping Bail?
If you have been charged with a crime and have failed to make a required court appearance, you want to consult a criminal defense lawyer right away. LegalMatch.com can connect you to a lawyer who can protect your rights.
They may be able to negotiate a resolution of the situation with the prosecution and help you stay out of jail. It is better to consult a lawyer than wait to be arrested without warning, so you want to contact a criminal defense lawyer as soon as possible.
