This guide dives into what happens if you skip bail in Burlington, NC, and the serious consequences it carries.
Jump right in:
- A Bench Warrant Is Issued for Your Arrest
- Your Bail Money or Collateral Is Forfeited
- A Bounty Hunter May Be Sent to Locate You
- You May Face Additional Criminal Charges
- Your Future Bail Options Become Limited
- Your Relationships and Reputation Are Damaged
- How to Resolve Skipping Bail in Burlington NC
- Is Jumping Bail a Crime?
- What If the Person You Bailed Out Skips Bail?
- Tips for Complying with Bail Conditions
- Work with Apex Bail Bonds to Ensure You Don’t Skip Bail
What Happens When You Skip Bail?
Skipping bail, commonly referred to as a failure to appear (FTA), occurs when a defendant released on bail fails to attend their scheduled court hearing on time or at all. This action violates the bail bond agreement and the law, creating both civil and criminal penalties for the individual.
A Bench Warrant Is Issued for Your Arrest
When you skip bail in Burlington, NC, the court immediately issues a bench warrant, referred to as an Order for Arrest (OFA), in your name. This warrant authorizes law enforcement to locate and detain you. Once the bench warrant is active:
- Your Name Enters State and National Databases: Police officers across North Carolina and the United States will have access to your warrant, increasing the likelihood of your arrest.
- You Can Be Arrested at Any Time: Routine stops, such as traffic violations, can lead to detention.
- No Expiration: Bench warrants do not expire. You remain at risk of arrest until the issue is resolved with the court, which can only be done by turning yourself in or getting arrested.
Your Bail Money or Collateral Is Forfeited
Skipping bail results in Bond Forfeiture being issued by the court resulting in you forfeiting any money or collateral used to secure your release. Here’s what this means:
- Cash Bail: If you or your family paid cash bail directly to the court, this money is forfeited, meaning you cannot get it back.
- Property Bonds: If you family used real estate such as their home to post a bond for you, the court can now begin proceedings to force the sale of that property.
- Bail Bonds and Collateral: If you used a surety or professional bail bondsman, the bondsman will contact the co-signer and let them know they have a certain length of time to pay the full bond amount or provide the location of the defendant. To recover their loss, the bondsman may seize collateral such as property, vehicles, or jewelry you provided.
This financial loss can have long-term effects on your family’s financial stability. It is important if you miss court by accident that you immediately contact your bail bondsman so they can work with you to clear up the Order for Arrest and Bond Forfeiture.
A Bounty Hunter May Be Sent to Locate You
If you skip bail in Burlington, NC, and a bail bondsman is involved, they may use or employ another licensed bail agent, commonly referred to as a bounty hunter, to track and return you to custody. Bounty hunters, also known as bail enforcement agents, are technically illegal in North Carolina. However, licensed bail bondsmen that work as fugitive recovery agents have the authority to:
- Enter Your Property: They can enter your home or workplace under specific conditions to apprehend you.
- Use Tracking Techniques: They utilize advanced tracking methods, such as surveillance and background checks, to locate you.
- Transport You to Jail: Once apprehended, they will take you back to custody, often to avoid the bail bond company incurring a financial loss.
This process is often stressful and embarrassing for you and your loved ones.
You May Face Additional Criminal Charges
Skipping bail is considered a failure to appear (FTA), a separate criminal offense under North Carolina law. The penalties for this offense depend on the severity of the original charge:
- Misdemeanor Cases: Failure to appear can lead to an additional misdemeanor charge, punishable by fines and potential jail time.
- Felony Cases: If the original charge was a felony, the failure to appear may also be charged as a felony, leading to harsher penalties.
These new charges, including longer sentences and steeper fines, can significantly increase your legal troubles.
Your Future Bail Options Become Limited
Skipping bail damages your credibility with the court and bail bond companies, making it more difficult to secure bail in the future:
- Higher Bail Amounts: Judges may set higher bail amounts due to your history of failing to appear.
- Denial of Bail: In some cases, the court may deny bail altogether, requiring you to remain in custody until your case is resolved.
- Bond C or “C Bonds”: If you have two or more FTA’s in the same case, a box is checked on your release order that almost all bail bondsmen use to determine whether they will post a bond at all (regardless of the money or collateral available).
This limitation can leave you and your family with fewer options and more stress.
Your Relationships and Reputation Are Damaged
Failing to appear in court has social consequences, as well. Here’s how it can impact your relationships and reputation:
- Strained Relationships: Loved ones who helped post bail or provided collateral may feel betrayed or suffer financial losses.
- Professional Consequences: Employers may discover the Order for Arrest or your absence from work, leading to potential job loss.
- Community Impact: Skipping bail can harm your standing in the community, especially if your actions are publicized.
These effects can linger long after your legal issues are resolved.
How to Resolve Skipping Bail in Burlington NC
If you’ve missed a court date, it’s important to act quickly to minimize the consequences:
- Contact the Court Immediately: Notify the court of your missed appearance and request a new court date.
- Consult Your Attorney: Your attorney can help explain the situation to the court and negotiate the best resolution.
- Handle the Civil and the Criminal Side: It is absolutely vital that you ask your attorney to have the bond forfeiture stricken, in addition to having the order for arrest recalled, when this is possible. These are two separate issues and criminal defense attorneys often forget to have the bond forfeiture stricken without reminding them.
- Work With Your Bail Bondsman: Inform your bail bondsman about the missed court date. They can guide you through resolving the issue and avoid further complications.
Timely action can help you avoid arrest and additional charges. Also, it is in the bail bondsman’s interest to work with you if you made a genuine mistake, so most bondsmen will work with you to resolve the issue if you are proactive and do not force them to chase you down.
Is Jumping Bail a Crime?
Yes, jumping bail—also known as failure to appear (FTA)—is considered a crime in Burlington, North Carolina, and across the United States. When you jump bail, you violate the legal agreement to appear in court after being released on bail. This action triggers additional legal consequences and criminal charges. Below is a detailed explanation of why and how jumping bail is a crime. It can be either a felony or a misdemeanor depending on the underlying charge.
The Legal Definition of Jumping Bail
Jumping bail occurs when a defendant:
- Fails to appear at a scheduled court hearing.
- Intentionally avoids fulfilling any of their bail conditions.
In North Carolina, failure to appear is classified as a separate offense, and its severity depends on the original charge. Skipping court signals the legal system that you are evading justice, a punishable offense.
Classification of the Crime
The criminal charge for jumping bail depends on the severity of the underlying case:
- Misdemeanor Cases: If the original charge is a misdemeanor, skipping bail may result in an additional misdemeanor charge.
- Felony Cases: If the original charge is a felony, failure to appear is often charged as a felony.
The new charges can lead to steeper fines, additional jail time, or both.
What If The Person You Bailed Out Skips Bail?
When someone you bail out skips court, you face significant legal and financial consequences as the cosigner or indemnitor on their bail bond.
Financial Liability for Bail
If the person you bailed out skips court, their bail is forfeited. Here’s how this impacts you:
- Full Bail Amount Due: If you signed as the guarantor, you are responsible for paying the entire bail amount to the court.
- Collateral Seizure: If you provided collateral (e.g., property, vehicles, or other assets) to secure the bail bond, the company may seize it to recover the forfeited bail amount.
This financial loss can be significant, especially if the bail amount is high.
Efforts to Locate the Defendant
When someone skips bail, the bond company will try to locate and return them to custody. These efforts may include:
- Hiring Bounty Hunters: Bail bondsmen often employ bounty hunters or bail enforcement agents to track and apprehend people who skip bail.
- Investigating Leads: The bondsman may investigate the individual’s whereabouts by contacting friends, family, or employers.
If the defendant is apprehended and returned to court, the forfeited bail may be reinstated, reducing or eliminating your financial liability.
Legal Consequences for the Defendant
The individual who skips bail faces immediate legal repercussions:
- Bench Warrant Issued: The court issues a warrant for their arrest, which allows law enforcement to detain them.
- Additional Charges: Skipping bail is treated as a separate offense and can result in new criminal charges, fines, and jail time.
- Harsher Bail Conditions: They may face higher bail amounts or be denied bail altogether if arrested again.
Your Legal Obligations as a Cosigner
As a cosigner, you agreed to ensure the defendant’s compliance with their court dates. If they fail to appear, your obligations may include:
- Notifying the Bail Bond Company: Inform the bondsman immediately if you believe the defendant has skipped court or may skip court in the future.
- Assisting in Their Recovery: Sometimes, you may need to provide information or cooperate with the bondsman to help locate the individual.
Failing to fulfill your obligations can worsen the financial and legal consequences.
Steps to Take If the Defendant Skips Bail
If the person you bailed out skips court, take these steps to protect yourself:
A. Contact the Bail Bondsman
Inform the bail bond company as soon as possible. They may work with you to recover the defendant and avoid full bail forfeiture.
B. Provide Information
Provide any relevant information about the defendant’s possible location. This can help speed up their apprehension and potentially reduce your liability.
C. Consult a Lawyer
Consult a lawyer to understand your rights and options if you face significant financial or legal challenges.
D. Encourage Voluntary Surrender
Encourage the defendant to turn themselves in. Voluntary surrender may help reduce penalties and minimize financial losses.
Tips for Complying with Bail Conditions
Complying with bail conditions avoids legal and financial repercussions. The court imposes bail conditions to ensure you return for your scheduled hearings and abide by specific rules during your release. Below are practical tips to help you meet these requirements and maintain your freedom.
Understand Your Bail Conditions Thoroughly
Upon release, you’ll receive a document outlining your bail conditions. These may include attending all scheduled court dates, staying within a specific jurisdiction, avoiding contact with certain people or places, and adhering to curfews or other restrictions. Review the bail agreement carefully and ask your lawyer or bail bondsman to clarify anything you don’t understand.
Keep Track of Your Court Dates
Missing a court date violates bail and can result in a bench warrant for your arrest. To ensure you never miss a date, mark all court dates in a physical or digital calendar, set phone alarms or reminder apps to notify you well in advance, and confirm your schedule regularly with your lawyer or court clerk. You can also use our Find My Court Date tool under the Resources tab on our website.
Maintain Open Communication with Your Bail Bondsman
If you’ve worked with a Burlington bail bondsman, stay in touch with them throughout your case. They can provide automated court date reminders (but only if they are aware of your court date), guidance on meeting obligations, and assistance if issues arise, such as emergencies preventing attendance. Notify your bondsman immediately if you anticipate missing a court date or encounter difficulties complying with bail conditions.
Follow All Travel Restrictions
Many bail agreements include travel restrictions, such as staying within your county or state or avoiding specific locations related to the case. If you need to travel for a valid reason, such as work or family emergencies, seek permission from the court beforehand.
Avoid Risky Behavior
To comply with bail conditions, avoid actions that could lead to further legal trouble, such as breaking the law, associating with individuals involved in criminal activity, or using drugs or alcohol if prohibited by your bail agreement. Maintain a low profile and focus on lawful activities while awaiting trial.
Communicate Changes in Contact Information
If you move or change your phone number, notify your lawyer, bail bondsman, and the court immediately. Failure to provide updated contact information can be seen as an attempt to evade your obligations.
Seek Support for Personal Challenges
If you’re struggling with issues like addiction, mental health, or financial stress, seek help. Enroll in approved treatment programs if required by your bail conditions, access local organizations offering counseling or financial assistance, and rely on a trusted support system to help you stay on track.
Be Honest and Proactive About Challenges
If unexpected events arise that could interfere with compliance, such as illness or family emergencies, act quickly. Notify your lawyer and bondsman, request an extension or rescheduling of court dates if necessary, and provide documentation, such as medical records, to support your request.
Work with an Experienced Lawyer
A lawyer can help you navigate bail conditions and address any issues. They can request modifications to unreasonable conditions, advise you on how to comply with specific requirements, and represent you in court if complications occur.
Stay Organized
Keep all documents related to your case in one place, including court dates and times, contact information for your lawyer and bail bondsman, and receipts or proof of compliance with conditions. Staying organized reduces stress and ensures you can quickly address any concerns.
Work with Apex Bail Bonds to Ensure You Don’t Skip Bail
Avoiding skipped bail requires support, reminders, and resources, which Apex Bail Bonds is uniquely equipped to provide. Here’s how we help you stay on track and meet all your court obligations:
1. Court Date Reminders
Missing a court date is one of the main reasons people skip bail. At Apex Bail Bonds, we help prevent this by providing reliable court date reminders via text, email, or phone. These timely notifications ensure you never lose track of your obligations, even during busy times.
2. 24/7 Access to Support
Legal obligations can be stressful, and questions often arise at inconvenient times. Our Burlington bail agents are available 24/7 to provide the support and information you need to remain compliant. Whether you need clarification on bail conditions or help planning around your court dates, we’re here to assist you.
3. Guidance Through the Legal Process
Navigating the legal system can be confusing, especially for first-time defendants. Apex Bail Bonds offers personalized guidance to help you understand your obligations, including court appearances and bail conditions. We ensure you know exactly what is expected, helping you avoid unintentional violations.
4. Assistance with Travel and Location Restrictions
If your bail conditions include travel or location restrictions, we help you comply by explaining these rules in detail and assisting with any necessary approvals. Staying within allowed jurisdictions ensures you meet all court requirements.
5. Strong Communication
Maintaining communication with your bail bondsman is crucial. Our team at Apex Bail Bonds ensures that you always stay informed and have a direct line to a knowledgeable agent. This constant connection helps address concerns before they become problems.
By working with Apex Bail Bonds, you gain a trusted partner dedicated to helping you fulfill your obligations and avoid the consequences of skipping bail.
Contact us anytime at (336)394-8890 for reliable support. At Apex Bail Bonds you’ll always speak to a compassionate and friendly Burlington bail bondsman working to assist you.
