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Defendants don’t always show up for their court dates either because they can’t or don’t want to. Unfortunately, failing to appear carries legal consequences for the defendant and financial ramifications for you if you paid their bail or bail bond. 

This post explores what happens if a defendant fails to show up to court and what it means for co-signers or anyone supporting them financially. 

What happens if the defendant tried to show up at court but couldn’t?
There are numerous valid reasons why defendants can’t show up to court. For instance, a defendant could have been involved in a motor vehicle accident and hospitalized. They could also have been rearrested on another charge, or their transport broke down. 

In California, good reasons for no-shows must conform to one of the following criteria: 

  • The defendant did not deliberately miss their court appearance
  • The defendant did not intend to evade the court
  • The defendant didn’t sign an agreement that they would show up at the court on the requested date and time

If either of the first two criteria applies, you should encourage the defendant to attend the court within two weeks. Judges often show leniency in these cases and agree not to penalize the defendant further. Courts will then reschedule the defendant’s appearance, rendering the bail safe. 

If the third criterion applies, the defendant may have no obligation to make a court appearance. In this situation, you should discuss the case with a lawyer. 

Bad excuses for no-shows include “not feeling like attending” or ignoring court requests because the defendant believes in their innocence. Judges treat these cases harshly, and the defendant (and you) will forfeit the bail. 

What happens if the defendant deliberately doesn’t show up to court? 

California law requires defendants to attend court at the agreed date and time to defend their case. It is an essential pillar of a functioning legal system. You may forfeit the bail you paid if they don’t. 

Defendants skipping court hearings can happen even when their friends and family pay their bail or bail bond. When this occurs, the bail bond company takes responsibility for finding them and returning them to custody. However, they must do this within the court time frame – 180 days in California. If they don’t, the co-signers will forfeit the bail and have to pay the full amount to the bail bond company. Because co-signers are jointly and separately liable, bondsmen will pursue money owed through the courts. 

For this reason, finding a great bondsman is essential. You need to choose a firm with an excellent track record of finding defendants who skip court dates and returning them to custody. Many agencies have a 100% success rate, giving you peace of mind. 

Friends and family who paid the defendant’s bail in cash will also forfeit their money. That’s because the courts will keep the bail. They may also charge additional fees to cover their costs, if applicable. 

What are the consequences for the defendant if they deliberately miss their court appearance? 

Defendants who do not attend scheduled dates violate Penal Code 1320.5 PC, a law concerning failure to appear in court. Those charged with this crime risk: 

  • Additional felony charges if already charged with a felony
  • Additional misdemeanor charges if already charged with a misdemeanor

These consequences are in addition to forfeiting their bail. 

Court-skipping defendants also risk: 

  • A one-year extension in their jail sentence
  • A three-year extension in their prison sentence
  • A $10,000 fine
  • A lower chance of securing bail from the court in the future

To implement these punishments, courts must prove the defendant “willfully” skipped their appearance. Defendants can usually avoid penalties if they speak to the courthouse within 14 days of missing a court date to explain why they couldn’t attend. 

Defendants who know they can’t attend court should inform law enforcement before their court date. Judges may agree to reschedule the dates to a more convenient time. 

How to minimize your risk as a co-signer

The best way to minimize your risk of losing bail payments you make on behalf of someone else is to use a quality bondsman. This way, you can increase the likelihood that your friend or relative will attend court on the specified date. 

Contact us today for more information about bail bonds and what to do after a defendant fails to show up in court.