What If Someone Skips Bail?

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Many defendants are given the opportunity to bail out of jail depending on the severity of their crimes. However, defendants who are given bail are expected to show up for court and adhere to any other conditions of their release during trial. What happens if someone skips bail or does not adhere to the conditions of their bail?

What Does it Mean to Skip Bail?

When someone does not show up for a court appearance, that person is said to have skipped bail. In some cases, a person could be skipping bail just by leaving town or doing anything else that he or she was not authorized to do. If a judge determines that a person has skipped bail, there are many consequences that a person could face. At worst, bail could be revoked or additional conditions could be placed on that person’s bail. Bail could be increased and the person who skips bail could be subject to wearing an ankle bracelet or home confinement.

Why Shouldn’t You Harbor Someone Who Has Skipped Bail?

It is critical that you do not harbor someone who has skipped out on their bail. This is because you could be charged with a crime by providing a criminal with safe haven. Even if you think that you are doing something good for a family member or friend, you are not helping that person. Instead, you could be creating a situation where the person you are harboring could face additional charges or lose his or her freedom. In addition, it will not help make a good impression on the judge as it relates to the character of the defendant or those who are trying to vouch for that person’s character.

 

Contact the Bail Bonds Company Immediately

If you know someone who has skipped out on their bail, it is important to contact your bail bond company as soon as possible. Working with the bail bond company could make it possible to smooth over the situation with relevant parties in the case. Bail bondsman who are kept in the loop may be able to work with the defendant to keep that person out of jail or could help convince a judge that it won’t happen again or that the defendant simply misunderstood the terms of the bail.

Mistakes Do Happen

It is certainly possible that a defendant makes a mistake interpreting the terms of his or her bail. For example, if a defendant is expected to be home at a certain time, that person could be late due to traffic, working late or other circumstances beyond that person’s control. Making sure to keep relevant parties informed as to where you are may make it less likely that a defendant will get in trouble.

It is never a good idea to skip out on your bail. If you know someone who has skipped out on his or her bail, it is critical that you contact the bail bond company immediately to work out a solution to the problem as quickly as possible.

Is There A Limit To How Much Bail A Judge Can Require?

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When you are arrested, except in rare circumstances, you have a right to post bail. This simply means that a certain amount of money is given to the court to guarantee that you will show up for your court date.

How is bail set for misdemeanor charges?

The more serious the charges are, the higher the requirement for bail. However, with misdemeanor charges, a judge may not even be involved. In many jurisdictions, there is a schedule of misdemeanors and the amount of bail needed for each. These charges are always those that are both petty crimes and non-violent. Bail amounts for these types of crimes are under $500 and are processed at the police station.

How is bail set for more serious charges?

For felonies and other serious charges, a judge will work off a basic schedule. There are typical bail amounts for each crime, and these amounts will vary from one jurisdiction to another; local criminal attorneys will always know what they are. These amounts may not be codified, but over time, there has been a precedent set for a typical amount for each type of charge. This is the starting point for the bail amount. Along with the judge, the district attorney’s office also knows what this typical amount is. At a bail hearing, the DA may argue that the bail should be higher while the defendant’s attorney may argue for less bail or no bail at all. The judge will hear arguments from both sides to determine whether the typical amount should be adjusted up or down.

What is the limit to the bail amount?

If the crime is serious enough, there will be no bail. This can be for certain cases of murder or repeat offenders. Any situation in which a judge believes that a suspect will be a danger to the community when released there is no bail. In cases where the probability of flight is high, bail will also be denied. Many people charged with white collar crimes such as embezzlement, may have a high probability of fleeing the court’s jurisdiction. This includes leaving the country.

Technically, there is no limit to how high a bail can go. Although violent offenders will be kept without bail, if the crime is non-violent and the defendant has the means to flee, the bail can be quite high. In fact, the highest bail in Untied States history occurred only a few years ago in 2009. Raj Rajaratnam, who headed a hedge fund management firm called the Galleon Group, was hit with a bail amount of $100 million. He was charged with insider trading relating to $20 million. He was able to raise the bail but was limited to movement within 100 miles of the court’s jurisdiction. In addition, he had to surrender his passport; this is common with those having large financial resources.

Types of Bail Bonds

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The following are the four most common types of bail bonds for defendants who do not have the option of being released on citation.

The Four Most Common Types of Bail Bonds:

Cash Bond

For a cash bond, hard cash is paid for the full amount of bail. The person who posts a cash bail can receive a refund after paying it, but the court will keep a portion of the money for administrative fees and may take several months to issue the refund. A cash bond is forfeited to the court if the defendant fails to appear in court even if it is an accidental forfeiture.

Surety Bond

The safest and easiest method for jail release is a surety bond (also referred to as a “bail bond”). It is often used when the defendant cannot afford to pay his or her total bail in cash or does not want to risk the forfeiture of a cash bond. In most cases, surety bonds are issued by bail bondsmen, like those at Around the Clock Bail Bonds. Typically, the bondsman charges a small percentage of the total bond in exchange for this service.

If the defendant fails to appear in court, it will force the bondsman to pay the entire value of the bond, in cash, to the county. When this happens, a bondsman may hire a bounty hunter to track down the defendant and return him or her to the custody of the court.

Personal Bonds

For a personal bond, a defendant is released with a small upfront cost with the assumption that he or she will appear at the scheduled court date. This bond is only granted to defendants who are judged to present no danger to others and are considering a very low flight risk. The unforeseen costs and inconvenience of a personal bond are the time and money used for required classes.

Property Bond

Some counties allow property bonds. For a property bond, the defendant provides the court with property as a form of bail bond. In most cases, the property must be valued at least twice as high as the bail amount. The court has a lien on the property, ensuring that it can take possession of the property if the defendant forfeits bail by failing to appear in court. A property bond can take significantly longer to complete than other bond types because the application requires a number of notarized documents and appraisals that verify the value of the property being offered as bond.