Is Bail Jumping Still a Crime in Washington State?

Washington significantly changed its bail-jumping laws in 2020. Before that change, missing a required court appearance could lead to an additional felony charge, even when someone missed a routine pretrial hearing.

Today, the law is more limited. Missing court does not automatically mean someone has committed felony bail jumping. In many cases, it may not lead to any new criminal charge.

However, bail jumping remains a crime in Washington. Missing a court date can still result in an arrest warrant, changes to bail, or additional criminal charges.

The consequences depend on the type of hearing, the original charges, and what happens afterward.

Is Bail Jumping Still a Crime in Washington?

Yes. Washington still prosecutes bail jumping under RCW 9A.76.170, but the offense now applies to fewer situations.

On June 11, 2020, Washington changed its bail-jumping law and created a separate offense called failure to appear or surrender.

Previously, missing a required court hearing after release could lead to felony bail-jumping charges when the underlying case involved a felony.

Under current law, bail jumping generally involves missing a required trial appearance or failing to appear in certain cases involving violent or sex offenses.

The Legislature also created RCW 9A.76.190, which addresses many other missed appearances and carries less severe penalties.

These changes substantially reduced the circumstances in which missing a routine hearing could lead to another felony.

The date of the missed appearance also matters. Courts have held that the 2020 changes do not apply retroactively to offenses committed before they took effect.

When Can Missing Court Still Count as Bail Jumping?

Washington law identifies two main situations.

The first involves missing trial. Under RCW 9A.76.170(1)(a), prosecutors may charge bail jumping when someone:

• Was released by court order or admitted to bail.
• Received written notice requiring a subsequent appearance for trial.
• Failed to appear for that trial as required.

This provision can apply even when someone has never missed court before.

The second situation involves people held for, charged with, or convicted of a qualifying violent offense or sex offense, as defined in RCW 9.94A.030.

Under RCW 9A.76.170(1)(b), these defendants can face bail-jumping charges for missing another required court appearance or failing to report to a correctional facility to serve a sentence.

However, prosecutors must also establish an additional condition. The person must either fail to satisfy the statute’s 30-day warrant requirements or have a prior qualifying warrant for another missed appearance or surrender in the same case.

The 30-day provision does not apply to bail jumping based on missing trial under RCW 9A.76.170(1)(a).

A person also does not need to post money to face bail-jumping charges. Release by court order, including release on personal recognizance, can satisfy the statute’s release requirement.

What Is the Difference Between Bail Jumping and Failure to Appear?

Washington’s separate failure-to-appear law covers many missed court dates that no longer qualify as felony bail jumping.

Under RCW 9A.76.190, prosecutors may charge failure to appear or surrender when a person:

• Was released by court order or admitted to bail.
• Received written notice of a required court appearance or surrender date.
• Failed to appear or surrender as required.
• Failed to satisfy the 30-day warrant requirements or had a prior qualifying warrant in the same case.

For example, someone facing a felony theft charge who misses a routine pretrial hearing would not ordinarily commit felony bail jumping simply by missing that hearing.

The conduct could instead qualify as criminal failure to appear if prosecutors establish the requirements of RCW 9A.76.190.

When the underlying case involves a felony, failure to appear or surrender is a gross misdemeanor. When the underlying case involves a misdemeanor or gross misdemeanor, it is a misdemeanor.

This distinction matters because Washington no longer treats every missed hearing in a felony case as another felony.

Can You Avoid a New Charge by Returning to Court Within 30 Days?

In some situations, yes.

Washington law provides a limited opportunity to address certain missed appearances before they satisfy the requirements for a new criminal offense.

When someone has no prior qualifying failure-to-appear warrant in the same case, the law allows them to address the new warrant by:

1. Filing a motion to quash the warrant within 30 days after the court issues it.
2. Appearing before the court in connection with that motion.

A motion to quash asks the judge to cancel an outstanding warrant.

This provision appears in both the failure-to-appear statute and the special bail-jumping provision for qualifying violent and sex offenses.

However, it has important limits.

The provision does not protect someone from a bail-jumping charge for missing trial under RCW 9A.76.170(1)(a). It also does not provide the same protection when a qualifying earlier warrant exists in the same case.

The deadline begins when the court issues the warrant, not when the person discovers it.

A timely motion and the required court appearance can prevent the missed appearance from satisfying the applicable statutory conditions for a new offense. However, they do not automatically cancel the warrant or undo changes to release conditions.

An attorney can review the warrant history and court record to determine whether this protection applies.

What Are the Penalties for Bail Jumping in Washington?

The classification of bail jumping depends on the underlying offense.

Under RCW 9A.76.170:

• Class A felony: Bail jumping involving first-degree murder.
• Class B felony: Bail jumping involving another class A felony.
• Class C felony: Bail jumping involving a class B or class C felony.
• Misdemeanor: Bail jumping involving a misdemeanor or gross misdemeanor.

Washington’s separate failure-to-appear offense carries different penalties.

Failure to appear in connection with a felony case is a gross misdemeanor. Failure to appear in connection with a misdemeanor or gross misdemeanor case is a misdemeanor.

Under RCW 9A.20.021, a misdemeanor carries a maximum of 90 days in jail and a $1,000 fine. A gross misdemeanor carries a maximum of 364 days in jail and a $5,000 fine.

Felony penalties can be substantially greater. For example, a class C felony carries a statutory maximum of five years in prison and a $10,000 fine.

These are maximum penalties, not automatic sentences. Actual sentencing depends on the charge, applicable sentencing rules, and the defendant’s circumstances.

What Happens to Your Warrant or Bail if You Miss Court?

A missed court date can cause problems even when prosecutors cannot bring an additional criminal charge.

A judge may issue a bench warrant directing law enforcement to arrest the defendant and bring them before the court.

The judge may also reconsider the defendant’s release conditions. Depending on the circumstances, the court could impose additional restrictions, increase bail, or revoke release.

Missing court can also put cash bail or a bond at risk of forfeiture.

However, forfeiture is not automatic in every case. Washington’s criminal court rules govern how courts address release violations, and the defendant may have opportunities to seek relief.

The important distinction is that someone can violate a court order without necessarily committing criminal bail jumping or failure to appear.

Addressing an outstanding warrant promptly can prevent further complications.

Can You Defend Against Bail-Jumping or Failure-to-Appear Charges?

Yes. Prosecutors must prove the required elements of either offense.

One important issue is written notice. Both statutes require proof that the defendant received written notice of the relevant appearance or surrender requirement.

The type of hearing also matters. Missing an ordinary pretrial conference does not satisfy the general bail-jumping provision for missing trial.

In the unpublished 2024 decision State v. Gamez, the Washington Court of Appeals reversed a bail-jumping conviction because the charging document omitted essential elements of the revised statute.

Those omissions included the defendant’s release status, written notice, and the requirement to appear for trial. The court ordered dismissal of that charge without prejudice.

Although the unpublished decision does not establish binding statewide precedent, it illustrates why an attorney should review both the charging document and the underlying court record.

Washington also recognizes an affirmative defense when uncontrollable circumstances prevent someone from appearing.

Under RCW 9A.76.170(2) and RCW 9A.76.190(2), defendants may raise this defense if they can establish that:

• Uncontrollable circumstances prevented them from appearing or surrendering.
• They did not contribute to those circumstances by negligently disregarding their obligation to appear.
• They appeared or surrendered as soon as the circumstances ended.

RCW 9A.76.010 defines uncontrollable circumstances. Examples include serious medical emergencies requiring immediate treatment, natural disasters, and certain accidents or threats.

Simply forgetting a hearing or experiencing an ordinary inconvenience generally will not satisfy this defense.

An attorney can review court notices, medical documentation, warrant history, and other evidence to determine which defenses may apply.

What Should You Do if You Miss a Court Date in Pierce County?

If you missed a hearing in Tacoma, Lakewood, Puyallup, or another Pierce County court, address the situation promptly.

Contact your attorney and confirm the status of the case. Find out whether the judge issued a warrant, changed your release conditions, or scheduled another hearing.

If a warrant exists, your attorney can determine whether a motion to quash is appropriate and help arrange the required court appearance.

Keep records explaining why you missed court, particularly if a medical emergency or another uncontrollable circumstance prevented you from attending.

Do not assume the 2020 changes mean you can ignore an outstanding warrant. Bail jumping applies to fewer situations, but courts still have authority to enforce their orders.

Speak With a Tacoma Criminal Defense Attorney

Missing court can create serious legal problems, but it does not automatically mean you face another felony charge.

At the Law Offices of Smith & White, we help clients throughout Tacoma and Pierce County address outstanding warrants, review failure-to-appear allegations, and defend against criminal charges.

Our Tacoma criminal defense attorneys can review your court records, determine which legal provisions apply, and explain your options.

The first consultation is free. We can be reached through our online form or by calling (253) 203-1645 to set up a meeting.