What If the Defendant Doesn’t Show Up for Court After I’ve Posted Bond?

BY | January 13, 2023

There may be an instance or time in your life when you have the money to help a friend or family member out and post their bail. However, you may be worried that he or she won’t show up for their scheduled court date. In this case, you should highly encourage this person to do so and be present.

If the issue is timing for the defendant, then the judge may consider moving the date. Usually, the defendant must make the request in person in the courtroom. If the appearance date has come and gone, it’s still important the defendant shows up within two weeks if they don’t want to be penalized further.

In the instance where the defendant never shows up then a warrant will be issued for their arrest. This will be unfortunate, as the bail you posted will be forfeited and additional criminal charges will be made such as more jail time and/or fines. Continue reading to better understand the answer to the question, what if the defendant doesn’t show up for court after I’ve posted bond and your best options.

What Does Failure to Appear Mean?

The first matter is to go over the definition of failure to appear. Penal Code 1320.5 PC covers exactly what this is and means: specifically related to release on bail: Every person who is charged with or convicted of the commission of a felony, who is released from custody on bail, and who in order to evade the process of the court willfully fails to appear as required, is guilty of a felony. Upon a conviction under this section, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment pursuant to subdivision (h) of Section 1170, or in the county jail for not more than one year, or by both the fine and imprisonment. Willful failure to appear within 14 days of the date assigned for appearance may be found to have been for the purpose of evading the process of the court.

A defendant will face fines, additional jail time, felony probation, and forfeiture of bail in the case that he or she doesn’t show up in court and sends an attorney in their place. Unfortunately, if you posted a cash bond on the defendant's behalf then you will lose it. If you worked with a bail bondsman or bail bonds company, then you’ll all lose your money. Depending on the case, the defendant will either face a misdemeanor failure to appear or a felony failure to appear.

Cash Bail Vs. Surety Bond

It’s also important to note the difference between a cash bail versus a surety bond. Regardless of which you use, both guarantee that the defendant will show up for court. A cash bond is when the person paying the bail pays the full bail amount in cash. The court returns the money to the payor if the defendant shows up in court.

When you work with a company such as 24 Hour Online Bail Bonds, a bail bondsman will perform the same function but with a surety bond. Your loved one can be released from jail as we will pay the bail in full in exchange for a non-refundable premium. It’s most useful when you aren’t able to pay a large amount upfront. You are no longer liable for the bail amount if the defendant shows up to court and complies with the terms of the bail.

What do I do if the Defendant Fails to Appear?

You may also be wondering if there’s a defense you can use if your loved one or family member fails to appear. One valid reason they may not show up is if they are hospitalized. However, a lawyer will likely be necessary to prove that the defendant isn’t trying to evade the court process. Keep in mind the person will still need to show up to court within 14 days. If the defendant fails to abide by the bail terms then this is another reason you may lose the bail. The best course of action is to use open and honest communication between you, the defendant, and the bail bond company.

Should I Tell my Bail Bondsman?

Here at 24 Hour Online Bail Bonds, we are bail experts and are always here to listen, help, and offer advice. We pride ourselves on being able to offer fast, flexible, and affordable bail services to all our clients. We’ll always treat you with respect and are equipped to walk you through every step of the bail bond process and answer any questions you have.

Ideally, yes, you should communicate with your bail bondsman and notify us right away if the defendant is considering jumping bail or considering it, or if they’ve been re-arrested. Our team is also happy to provide any additional information you’re looking for. We also offer financing options if money is an issue and you’re having trouble coming up with the payment in full. Get in touch today to learn more and get the process started so you can get your loved one out of jail the right way.

Reasons to Choose Us

You have options when it comes to hiring and working with a bail bondsman company. However, we believe you should choose us because of our expertise, careful attention to detail, and the variety of services we can offer you. Our agents are highly skilled and trained to offer assistance to you during this uncertain and often confusing time. The simple and straightforward forms and payment options allow us to expedite the bail process.

We truly care about you and your loved one and want to help you achieve the best outcome possible. We’re available 24/7 to answer any questions you have or to begin the bail bond process. 24 Hour Online Bail Bonds are the fastest, most efficient bail bond service out there. Contact us today to learn more and see for yourself why people continue to choose us when they require quick and affordable bail bonds.

Testimonials

"I recently used the bail bonds services in Santa Ana, CA. Not only was my bond agent quick to fulfill my needs, but also very understanding and informative. I wasn’t judged or criticized—just simply helped out of a tough situation. My bond agent answered my questions and even made me feel comfortable and at ease, despite the grueling circumstances. I don’t plan on getting into any more legal trouble, but if I do, I will contact them again. This team is extremely professional, knowledgeable, and experienced. I highly recommend their services."

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"Though I’m not proud to admit it, I recently got into some legal trouble in Santa Ana, CA, which resulted in my arrest. I was scared and confused at first, even unsure of what to do next. However, I contacted 24 hour bail bonds and I’m so happy I did! Not only did a professional and experienced bond agent help get me out of jail, but I was also given insightful information on what to expect moving forward. I was never judged for my actions, only given a second chance. I’m so thankful and cannot recommend their services enough. Thank you!"

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"When you find yourself in trouble with the law, the last thing you want is to feel alone. After getting arrested in Santa Ana, I made the decision to call 24 Hour Online Bail Bonds, and I’m so glad that I did! Not only did my bail agent get me out of jail fairly quickly, but I was also told exactly what to do next and what to expect with the process of moving on with my life. Thank you so much! This extremely professional, experienced, and judgment-free team made an awful situation significantly better. I don’t know what I would have done without them".

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Contact Bail Bond Services in SoCal

Facing arrest can be quite devastating for you and your loved ones. We also understand how scary and uncertain circumstances can be when in jail, especially when you are unsure how soon you can leave jail. During times like these, you want a professional bail bonds agent to handle your matter so that you can be free in a short amount of time.

If you are looking for the best bail bonds service provider in Southern California, the 24 Hour Online Bail Bonds is the top choice for you. We have integrated online services with standard bail bond procedures to post bail on behalf of our clients. Our agents also understand the need for prompt action after you contact us.

Therefore, you can expect to receive timely bail bonds services in Los Angeles, Orange County, Riverside, San Diego, and San Bernardino. You do not have to stress about the bail release process after an arrest. Instead, give us a call today at 800-930-8999, and we will offer you quality bail bond services and at a low cost.