What is bail jumping? Also known as failure to appear, bail jumping occurs when someone released on bail fails to attend their scheduled court date. In Utah and most other states, this is a separate crime with serious consequences. Missing court does not just delay your case, it creates a new legal problem.
When you are released on bail, you agree to return for every required hearing. If you miss a court date, the court acts quickly. A judge can issue a bench warrant for your arrest, your bond may be forfeited, and you could face new criminal charges. The court will also notify your bail bondsman, who may need to find you and bring you back to custody.
Even if you did not intend to miss court, the system proceeds without waiting for your explanation. Acting quickly is the best way to prevent further problems.
It's possible to reschedule a court date if you provide a valid reason and notify the court well in advance. Acceptable reasons often include personal emergencies like a wedding or a funeral. However, rescheduling is generally more challenging for those with felony charges.
Pursuant to Utah Code § 76-8-312, the act of failing to appear in court following release on bail constitutes a distinct criminal offense, the classification of which is contingent upon the nature of the underlying charge. Specifically, nonappearance associated with an original misdemeanor accusation is prosecutable as a class A misdemeanor, whereas failure to appear in connection with a felony charge elevates the offense to a third-degree felony. These charges represent additional criminal liabilities and do not supersede the original offenses. Conviction for bail jumping may result in further sanctions, such as additional periods of incarceration, increased monetary fines, and prolonged legal proceedings, thereby compounding the adverse legal consequences already faced by the accused.
These penalties are added to your original charges, not replaced. This can result in additional fines, longer jail time, and a more prolonged process to clear your record.
Failure to appear in court is not invariably the result of intentional misconduct; a range of legitimate and often unavoidable circumstances can prevent individuals from attending their scheduled hearings. For example, defendants may not receive adequate notice due to incorrect address information on file, resulting in their unawareness of the court date. In addition, unforeseen medical emergencies, such as a sudden hospitalization, may preclude appearance despite a defendant’s intent to comply. Transportation barriers, such as the cancellation of public transit on the day of the hearing, can also hinder timely attendance, especially in rural areas with limited mobility options. Moreover, empirical studies document that clerical errors, such as misentered dates or notifications sent to outdated contact information, contribute significantly to failures to appear. In Utah District Court cases, there have been documented incidents where individuals missed hearings because the court record reflected an incorrect date provided to both the defendant and counsel, illustrating the impact of administrative mistakes on court attendance.
Defense attorneys often argue that you did not intend to miss court. They may also highlight your actions afterward. If you contacted your lawyer, turned yourself in, or appeared soon after missing court, this cooperation can help your case.
For a bail bondsman, bail jumping requires immediate action. When you miss court, your bail agent is notified and must ensure your return. Most agents will try to contact you directly and assist you in appearing independently. If that does not work, they may involve a recovery agent, also known as a bounty hunter, to find and return you.
It’s not about punishment; it’s about fulfilling the bond agreement. Bondsmen prefer to work with clients, not against them, so communication is crucial. The sooner you call, the more options you’ll have.
Bail jumping is not just missing a court date; it is a criminal offense that can lead to more severe consequences. However, you can fix the situation if you act quickly and responsibly. If you or someone you know has missed a court date, stay calm. Call your attorney or contact Sportsman’s Bail Bonds. Our agents can guide you through the next steps and help you resolve the issue before it gets worse.
