When someone is released on bail, there’s an expectation and a legal obligation: show up to your court dates. Yet, “Failure to Appear” (FTA) is more common than it should be—and it’s a habit that can create serious problems not only for the defendant but also for their loved ones, especially the cosigner.
Whether intentional or accidental, missing a court date while out on bail is viewed harshly by the legal system. It signals unreliability, noncompliance, and in some cases, defiance. And unfortunately, it can snowball quickly into tougher penalties, revoked bail, and long-term legal trouble.
What is Failure to Appear?
Failure to Appear happens when a defendant doesn’t show up to a scheduled court hearing. This could be an arraignment, pre-trial conference, sentencing, or any mandatory appearance in a criminal case.
Sometimes people miss court because they forget, have car trouble, or get confused about the date. But even when it’s unintentional, the consequences are often the same.
Consequences of Failing to Appear
Failing to appear sends a message to the court that you’re not taking your case seriously. It can trigger a chain reaction of legal consequences, such as:
1. Bench Warrant Issued
Once the judge realizes you’re a no-show, a bench warrant is typically issued immediately. This means law enforcement can arrest you on sight—at home, work, or during a routine traffic stop.
2. Revocation of Bail
If you’re out on bail, your release is now in jeopardy. The court may revoke your bail entirely, meaning the next time you’re arrested, you’re remanded to jail until your case is resolved. No second chances.
3. Higher Bail Amounts or No Bail at All
If the judge allows you to bail out again, don’t be surprised if the amount is significantly higher, or if you’re denied bail altogether. Courts see FTA as a red flag for being a potential flight risk.
4. Additional Charges and Fines
FTA is often charged as a separate misdemeanor or felony, depending on your original case. This means more fines, more court dates, and a longer legal process.
5. Harsher Sentencing
Judges don’t look kindly on no-shows. FTA often results in harsher sentencing for the original charge. Even if you were eligible for a lighter punishment, skipping court can eliminate that possibility.
6. Mandatory Appearances and Probation Conditions
Once you’ve failed to appear, the court may no longer allow your attorney to appear on your behalf for certain hearings. Mandatory personal appearances become the new norm, and you may face stricter probation conditions down the road.
The Bail Bond Connection
When someone skips court while out on a bail bond, it’s not just the defendant who suffers—the cosigner is now on the hook. That could mean:
- Losing the full bail amount
- Being liable for the cost of locating and returning the defendant
- Losing collateral (property, vehicles, etc.)
At eBail, we work hard to get people out of jail quickly and affordably, but we stress the importance of showing up to court. Not just to avoid financial loss—but because FTA can completely derail a legal case that might have been manageable otherwise.
Don’t Risk It—Show Up
Failing to appear is not just a missed appointment. It’s a serious legal misstep with long-lasting consequences. It’s a pattern we’ve seen ruin people’s chances at a favorable outcome, over and over again.
If you’re out on bail through eBail, we’re here to remind you, guide you, and help you stay on track. But at the end of the day, only you can walk through those courtroom doors when it’s time.
Make court attendance your top priority. One missed date could cost you your freedom.
