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If your loved one is currently in custody following an arrest in California, you will be eager to help them get out of jail by posting bail for them. However, you must keep your best interests in mind too.
It is a big commitment and there will be several questions racing through your mind. “What if the defendant doesn’t show up for court after I’ve posted bond?” is naturally one of the most pertinent. Here’s all you need to know.
Reducing your risk with a bail bond
When posting bail on behalf of a loved one, you ultimately have two options. Firstly, you could pay the cash bail amount for their release. Alternatively, you could work with a bail bond company to reduce your payments and, therefore, your financial exposure,
In this case, you will pay a non-refundable premium that is worth 10% of the cash bail amount. Given that your loved one’s cash bail is probably set to tens of thousands of dollars, this 90% saving is a significant factor in your decision. You could also look at repayment plans and ideas like 7% bail bonds to reduce your costs further - not least because you can tell the defendant that they’ll need to make the remaining payments on the account.
When you use a bail bonds company, you pay the premium and we subsequently pay the bail amount on behalf of the defendant to secure their release from jail. Better still, when you are worried about what happens when a defendant breaks their bail terms, having the bail bonds team to help keep the defendant on track can work wonders.
What if the defendant doesn’t show up for court after I’ve posted bond for them?
In addition to posting the bail fee, defendants must agree to several conditions to be released from jail. Generally speaking, this will include terms like attending pretrial court hearings and drug screenings while also staying within the State of California borders unless consent is provided.
If the defendant does not attend their scheduled appointments, they will be in violation of Penal Code 1320.5 PC, which is known as failure to appear. It essentially states that anyone charged with a crime who is out on bail will be guilty of committing a felony (or misdemeanor if the initial arrest was for a misdemeanor) should they “willfully” fail to attend a court hearing. When this happens, they will forfeit their bail fee, which means the courts get to keep the funds. Further punishments include;
- A fine of up to $10,000,
- A prison sentence of up to 3 years, or a 1-year extension,
- Reduced likelihood of securing future bail.
It should be noted that the defendant may be able to avoid punishment if they are proactive and speak to the courthouse within two weeks of missing a court date to explain their reasons or arrange future pretrial appearances. However, failure to rectify this issue could result in the courts issuing a warrant for their rearrest.
What happens to me after the defendant fails to appear
Whether the defendant has decided to flee or simply missed a court hearing, it’s only natural that you will worry about the personal repercussions. While you are not personally linked to the arrest or charges, your financial liability will be exposed by the forfeiting of the bail fee. If you posted the cash bail amount, you have essentially kissed your money goodbye.
When you use a bail bond, however, the agent will want to locate the defendant and work with the courts to guarantee their return. However, you are responsible for any costs incurred in finding and returning the defendant to court custody - or the full bail amount if they do flee. Thankfully, we have a 100% success record in finding our clients that have missed court. In most cases, it will be possible to reinstate the bond or repost the bond at no extra cost while getting the defendant back on the court calendar.
So, if your loved one has skipped a court hearing, it is best to contact your bail agent immediately and provide as much info as possible. Our free locator services should prevent any major repercussions. However, prevention is always the best form of protection. If you believe that the defendant is a risk, speak to them about the importance of keeping up their agreement. Alternatively, you could tell the courts that you wish to surrender your bond and have the defendant rearrested.
What if there is a valid reason for skipping court hearings?
The key word in the “failure to appear” Penal Code definition is “willfully”. If the defendant intended to skip a court hearing, it will be deemed a violation of their bail conditions. However, there are several legitimate circumstances in which they may have not attended a session, including but not limited to;
- They were rearrested for another charge,
- Their transport to the courtroom broke down,
- They were ill or hospitalized.
These reasons explain why the courts usually offer a 14-day window for defendants to put things right. If there is no effort to make amends within this timeframe, it looks like there was a willfulness to the actions. Of course, there are exceptions - such as a defendant remaining hospitalized for longer than 14 days - but it is important for your loved one to contact the courts as soon as possible. They should also speak to you (their cosigner), the bail company, and their attorney.
When a valid reason for missing a court hearing is provided, your loved one should avoid further punishment as long as they subsequently keep to all terms of their bail. If their reasons are not valid, though, it can cause problems - even for you.
The final thoughts
Posting bail on behalf of a loved one will never link you directly to the arrest itself but that does not remove the fact that you could potentially encounter financial exposure, not to mention a lot of stress.
If you do not believe that the defendant will keep to their bail conditions, it is OK to refuse their plea for help. But if it is likely that you’ll just need to keep an eye on them, working with a bail bonds company is the best option. Future Bail Bonds offers a 24/7 and completely confidential service. To find out more, contact one of our agents now.