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Failure to Appear Bail Bonds

Missing a court date in California — whether due to fear, confusion, or an honest mistake — can have serious consequences, including a bench warrant, increased bail, and even new criminal charges. At Cali Bail Bonds, we understand that life happens, and we’re here to help you take control of the situation fast. Our experienced agents are available 24/7 across all 58 California counties to assist with Failure to Appear (FTA) cases, offering flexible payment options, 1% down bail bonds (on approved credit), and fast inmate location services. 

Serving All Counties In California

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What Is Failure to Appear?

Being charged with Failure to Appear (FTA) in California is a serious matter that can quickly escalate the consequences of your original case. Whether you missed court due to fear, a mix-up, or unavoidable personal issues, the justice system views it as a violation of your legal obligation. Cali Bail Bonds is here to help you understand your rights, the law, and how to take control of the situation.

⚖️ California Legal Definition of Failure to Appear

In California, FTA offenses are addressed under Penal Code § 1320 and Penal Code § 1320.5, depending on the nature of the underlying case.

Penal Code § 1320 PC – Misdemeanor Failure to Appear
This law applies to individuals who are released on their own recognizance (O.R.) and willfully fail to appear in court when required.
Elements of the crime:

  • The defendant was released from custody on O.R.
  • They were ordered to appear in court at a specific time and place.
  • They willfully failed to appear.

Penalties:

  • Charged as a misdemeanor
  • Up to 6 months in county jail
  • Up to $1,000 fine

Penal Code § 1320.5 PC – Felony Failure to Appear
This applies when the defendant was released from custody on bail and willfully failed to appear in court on a felony charge.
Elements of the crime:

  • The defendant was released on bail
  • They were ordered to appear in court for a felony case
  • They willfully failed to appear

Penalties:

  • Charged as a felony
  • Up to 3 years in state prison
  • Up to $10,000 fine


🔁 Penal Code § 853.7 PC – Failure to Appear After Written Promise to Appear
This covers situations where someone was issued a citation or ticket and signed a written promise to appear in court but failed to do so.
Penalties:

  • Usually a misdemeanor
  • May result in a bench warrant and additional charges
  • Up to 6 months in jail and/or $1,000 fine


🔁 Vehicle Code § 40508 VC – Failure to Appear in Traffic Court
If you receive a traffic ticket and sign a promise to appear, but then fail to show up, you can be charged under this section.
Penalties:

  • Misdemeanor charge, even if the original violation was an infraction
  • Up to 6 months in jail
  • Up to $1,000 in fines
  • May result in license suspension through the DMV


❗ Why FTA Charges Matter

Courts take Failure to Appear very seriously because it represents a breach of trust. When someone misses their court date, the court can issue an immediate bench warrant, revoke any previously posted bail, and file new criminal charges — all of which can lead to higher bail amounts, jail time, and complications in your original case. Even if the missed appearance was unintentional, it’s important to act quickly. Cali Bail Bonds can help you address the issue and get back on track before it spirals further out of control.

Common Reasons People Fail to Appear in Court Fail to Appear in Court

Failing to appear in court (FTA) doesn’t always stem from a disregard for the law — in fact, many people who miss their court date do so unintentionally or due to life circumstances beyond their control. At Cali Bail Bonds, we understand that each person’s situation is unique, and our goal is to help resolve the issue, not to judge. Below are some of the most common — and very human — reasons people miss their court appearance.

📅 Forgetting a Court Date

Life moves fast, and with so many personal and professional obligations, it’s not uncommon for someone to simply forget their scheduled court date. If the appearance was set weeks or months in advance, or if there were multiple changes in court scheduling, it can be easy to lose track. Without a calendar reminder, text alert, or notice in the mail, even a responsible person can miss a required hearing.

🚗 Lack of Transportation or Childcare

Not everyone has access to reliable transportation. If your court appearance is scheduled during working hours or in a distant county courthouse, and you don’t have a car or access to public transportation, getting there can be a challenge. Parents may also be unable to attend court if they lack dependable childcare or if a last-minute emergency with a child arises. These logistical obstacles can make attendance difficult, even for someone with every intention of complying.

🤒 Illness or Emergency

Health emergencies, hospitalizations, or last-minute personal crises can cause unavoidable delays or absences. Whether it’s a car accident, medical emergency, or a sudden illness that keeps you bedridden, the court may still treat the absence as a willful FTA unless proper documentation is presented. Unfortunately, if the court isn’t notified in time or at all, a bench warrant can still be issued.

😟 Fear or Misunderstanding of Legal Consequences

Many people avoid court because they’re afraid of what might happen — particularly if they believe they may face jail time or heavy fines. Others simply don’t understand the importance of attending, assuming their presence isn’t mandatory or that missing one date won’t have serious consequences. This is especially common in first-time offenders or those unfamiliar with the legal system. Fear, anxiety, and misinformation often lead to poor decisions that escalate an otherwise manageable case.

📩 Miscommunication About Rescheduled Hearings

Courts frequently change hearing dates, especially during busy trial calendars or if a judge becomes unavailable. While the court is required to notify defendants and their attorneys, that information doesn’t always reach the individual in time. A court date may be rescheduled without the defendant’s knowledge — and if they miss the new date, it still counts as an FTA, even if the original hearing was moved without clear notice.

⚠️ FTA Doesn’t Always Mean You’re Running

Not all failures to appear are acts of evasion or irresponsibility. Most people don’t intend to skip court — they simply hit a bump in the road and don’t know how to fix it. That’s where Cali Bail Bonds comes in. We help individuals and families across California navigate FTA-related complications with compassion, efficiency, and zero judgment. If you or a loved one missed court, we can help you resolve it quickly — including clearing warrants and securing bail — before the situation gets worse.

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Penalties for Failure to Appear In California

Failing to appear in court is not just a scheduling mistake — it’s a criminal offense in California with serious legal consequences. Whether your original charge was a traffic infraction, misdemeanor, or felony, missing your court date can lead to additional charges, financial penalties, jail time, and a significant disruption to your life. The penalties depend on how you were released (on your own recognizance, on bail, or by written promise) and the nature of the underlying case. Below is a detailed breakdown of the potential consequences you could face for Failure to Appear (FTA) in California.

⚖️ Misdemeanor FTA – Penal Code § 1320(a)

If you were released on your own recognizance (O.R.) for a misdemeanor charge and failed to appear in court:

  • Charge: Misdemeanor Failure to Appear
  • Penalty:
    • Up to 6 months in county jail
    • Up to $1,000 in fines
    • Additional court-ordered penalties (e.g., probation violations, community service)
  • Impact: A new misdemeanor charge is added to your record, which may complicate the original case and affect future bail eligibility.

🚨 Felony FTA – Penal Code § 1320.5

If you were out on bail for a felony charge and failed to appear:

  • Charge: Felony Failure to Appear
  • Penalty:
    • Up to 3 years in California state prison
    • Up to $10,000 in fines
  • Impact: This felony is treated as a separate offense, meaning it can increase your sentence and count as a strike under California’s Three Strikes Law if the original offense is also serious or violent.

💸 Bail Bond Forfeiture

If you miss court after being released on a bail bond, the court will issue a forfeiture notice:

  • The bail bond company is notified, and the bond is considered breached.
  • You or your co-signer may become financially responsible for the full bail amount (not just the premium).
  • The bail agent may take steps to locate and surrender you to law enforcement to avoid paying the bond.
  • The court may allow up to 180 days to return you to custody before enforcing the forfeiture, but this grace period is not guaranteed.

🧾 Bench Warrant Issued

A bench warrant is typically issued the same day you miss court:

  • Law enforcement is authorized to arrest you on sight — at home, work, school, or even during a traffic stop.
  • Bench warrants remain active indefinitely until recalled by the court or executed by police.
  • A new arrest can cause job loss, family stress, and reputational damage, even if the original charge was minor.
  • Upon arrest, you may be held without bail or face a significantly higher bail amount than before.

⚠️ New Criminal Charges Filed

In addition to the penalties for your original offense, the FTA itself becomes a new criminal charge:

  • This creates a second case to defend, adding legal complexity and cost.
  • It may reduce the court’s willingness to offer plea deals or release you on O.R. in the future.
  • Repeat FTAs can lead to harsher bail conditions, stricter monitoring, or mandatory remand (no bail).

🛑 Loss of Driver’s License (in Traffic or DUI Cases)

Under Vehicle Code § 40508, if your FTA relates to a traffic offense (including DUIs):

  • The Department of Motor Vehicles (DMV) may suspend your driver’s license.
  • You may be barred from renewing your license until the FTA is resolved.
  • Driving with a suspended license after an FTA can result in new criminal charges and increased fines.

📉 Long-Term Consequences of an FTA

  • Permanent Criminal Record – Even if your original case is dismissed, an FTA charge can remain.
  • Immigration Issues – FTAs may negatively affect non-citizens seeking visas, residency, or naturalization.
  • Loss of Bail Privileges – Courts may refuse to allow future bail, forcing you to stay in custody until trial.
  • Civil Penalties – You may be sued by the bail company for financial losses caused by the forfeiture.

✅ How Cali Bail Bonds Can Help You Avoid These Penalties

If you or someone you love has missed a court appearance, time is of the essence. Cali Bail Bonds can help:

  • Clear active warrants quickly, often without you being arrested.
  • Reinstate forfeited bonds, saving you and your co-signer from financial liability.
  • Secure fast re-release if you’ve been re-arrested on an FTA.
  • Coordinate with attorneys and courts to get your case back on track.

Steps

How The Bail Process Works

Being charged with Failure to Appear (FTA) can feel overwhelming — especially if there’s already a bench warrant or a loved one is in custody. But you don’t have to face it alone. At Cali Bail Bonds, we’re experts in handling FTA cases and can help you resolve the situation quickly, whether that means clearing a warrant, reinstating a forfeited bond, or posting a new bail. Here’s how the bail bond process works for FTA cases in California:

01.

Warrant Issued for Failure to Appear

Missing a court date typically results in a bench warrant, allowing law enforcement to arrest you at any time. Your original bail may be revoked, and stricter bail conditions could be imposed.

02

Contact Cali Bail Bonds

Call us 24/7 — we’ll run a free warrant check, locate court or jail records, and explain your next best steps.

03.

Review Your Case & Next Steps

We assess your situation, including the type of charge and whether you’re in custody, and explore options like voluntary surrender or warrant clearance through the court.

04.

Sign & Pay Online

Complete your paperwork online from your phone or computer, then choose a flexible payment plan that fits your budget — including 1% down (OAC) and no-collateral options.

05.

We Post Bail

If you're in custody, we post bail at the jail right away; if you're not, we may help you clear the warrant and reinstate your bond without an arrest.

06.

Release from Jail

Once bail is posted, most defendants are released within 1 to 4 hours, depending on the facility and case details.

07.

Attend Court

We’ll help you stay on top of your court dates and conditions to avoid another FTA or additional charges.

Payment Plan Options

At Cali Bail Bonds, we understand that posting bail for a loved one can be a sudden and overwhelming expense — especially in stressful situations like a Failure to Appear (FTA). That’s why we offer a variety of flexible, affordable payment solutions designed to help you secure release fast, without adding financial strain. Whether you’re working with a tight budget or limited credit, we’ll work with you to find the best option available.

💳 10% Standard Bail Bonds

In California, the legal bail bond premium is 10% of the total bail amount. This is a non-refundable fee required by law, which covers the cost of the bail agent’s services. For example, if bail is set at $25,000, the premium would be $2,500.

💸 1% Down Bail Bonds (On Approved Credit)

If you qualify, we offer the option to get started with just 1% down of the total bail amount. The rest can be financed over time through a custom payment plan. This is ideal for those who need to act fast but don’t have the full 10% upfront.

Example: If bail is $50,000, you may only need $500 to get started.

📆 Flexible Monthly & Weekly Payment Plans

We’ll tailor a payment plan that fits your income and financial situation. Most of our plans range from 3 to 12 months, and we never charge hidden fees or interest. Payments can be scheduled weekly, bi-weekly, or monthly — whatever works for you.

🔐 No Collateral Bail Bonds (For Qualified Clients)

In many cases, we don’t require property, vehicles, or other assets as collateral. If you or your co-signer have stable employment, good credit, or no prior bond issues, you may qualify for a no-collateral bond, making the process faster and easier.

We Accept All Major Payment Methods

To make things as convenient as possible, we accept a wide variety of payment options, including:

  • Credit & Debit Cards
  • Cash
  • Zelle
  • Bank Transfers
  • Online Payments (via mobile or desktop)

📞 Need Help Choosing the Right Plan?

Call our friendly team anytime at 888-365-3113. We’ll walk you through your options, explain what you qualify for, and get you started in minutes — with no obligation and zero judgment.

At Cali Bail Bonds, we make bail affordable, simple, and stress-free — so you can focus on what matters most: getting your loved one home.

FAQs

Frequently Asked Questions

What is Failure to Appear (FTA) in California?

Failure to Appear happens when a person misses a required court date after being released on bail, on their own recognizance (O.R.), or by signing a written promise to appear. It’s a criminal offense under Penal Code § 1320 or § 1320.5.

Is Failure to Appear a felony or a misdemeanor?

It depends on the original charge. If you were released for a misdemeanor and missed court, it’s a misdemeanor FTA. If your original case was a felony and you were out on bail, it’s a felony FTA — which carries much harsher penalties.

What happens if I fail to appear in court in California?

The court will typically issue a bench warrant for your arrest, and you may face additional criminal charges, bail bond forfeiture, and license suspension (for traffic-related FTAs). Your current bail could also be revoked or raised.

Can I be arrested at home or work for a missed court date?

Yes. Once a bench warrant is issued, law enforcement can arrest you at any time — at home, work, school, or even during a routine traffic stop.

Can Cali Bail Bonds help me clear a warrant without getting arrested?

Yes. In many cases, we can work with you and your attorney to schedule a court date or file a motion to quash the warrant — allowing you to resolve the FTA without being taken into custody.

How much is bail for Failure to Appear in California?

FTA bail amounts vary by county and case type. For misdemeanors, it can range from $5,000 to $20,000, while felony FTAs can result in bail between $25,000 and $100,000+, especially if weapons or prior FTAs are involved.

Do I have to pay the full bail amount upfront?

No. With Cali Bail Bonds, you only need to pay 10% of the total bail amount, and qualified clients may even start with as little as 1% down (on approved credit), with flexible payment plans.

What if my loved one missed court by accident or due to illness?

Even if the FTA was unintentional, the court may still issue a warrant. However, we can often help explain the circumstances to the court and work to resolve the issue without a new arrest.

Can I still bail someone out after a Failure to Appear?

Yes. Once new bail is set, we can post bond and secure their release — even if they’re currently in custody due to an FTA. We also help navigate any warrant or rebooking processes.

Will the bail bond company lose the bond if there’s an FTA?

Yes, if the defendant misses court, the bond is at risk of forfeiture. That’s why it’s critical to contact us immediately so we can help reinstate the bond and avoid financial loss for the signer.

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