The Serious Consequences of Skipping Bail
Skipping bail — also called "bail jumping" or "failure to appear" — is one of the worst decisions a defendant can make. It doesn't make the case go away. It makes everything exponentially worse. Here's what happens.
Immediate Consequences
1. A Bench Warrant Is Issued
The moment the defendant fails to appear in court, the judge issues a bench warrant for their arrest. This means any law enforcement officer who encounters them — during a traffic stop, at a routine check, anywhere — can arrest them on the spot.
2. Bail Is Forfeited
The bail amount is forfeited to the court. If cash bail was posted, that money is gone. If a bail bondsman posted a surety bond, they now owe the court the full bail amount.
3. Additional Criminal Charges
"Failure to appear" is a separate criminal charge. Depending on the original charges and the state:
- FTA on a misdemeanor is often a misdemeanor itself
- FTA on a felony is typically a felony
- This means additional fines, penalties, and potential prison time — on top of the original charges
What Happens to the Co-Signer
If you co-signed the bail bond, skipping bail affects you directly:
- You become liable for the full bail amount
- The bondsman can seize your collateral (property, vehicles, valuables you pledged)
- The bondsman may sue you to recover the bail amount
- Your credit may be affected
This is why being a bail bond co-signer is such a serious responsibility.
Bail Enforcement (Bounty Hunters)
In most states, bail bondsmen have the legal right to hire bail enforcement agents (commonly called bounty hunters) to locate and return the defendant. These agents typically have broader arrest powers than regular citizens and can:
- Cross state lines to apprehend the defendant
- Enter certain properties without a warrant (in some states)
- Arrest the defendant and return them to custody
What to Do If Someone You Bailed Out Isn't Going to Court
If you think the person you bailed out is going to skip court:
- Talk to them: Explain the consequences for both of you
- Contact the bondsman: You have the right to revoke the bond and have the defendant returned to custody before they miss court
- Don't help them hide: Aiding a fugitive is a crime
Can Bail Be Reinstated After Skipping?
In some cases, if the defendant is located and returned to court, an attorney can petition to reinstate bail. However, the judge will almost certainly set bail higher or deny bail entirely.
The Bottom Line
Skipping bail never works out. It creates more charges, more legal problems, and devastating financial consequences for co-signers. If you're thinking about helping someone make bail, make sure they understand the importance of attending every court date. Find a bail bondsman who will explain these responsibilities clearly.