What is Considered ‘Bail Jumping’ in Washington?

Have you missed a court date? And you are now worrying about how that’s going to affect you? Or have you already been charged with bail jumping or failure to appear? In Washington, this is taken very seriously and carries harsh penalties.

Bail jumping refers to criminal defendants released on bail who fail to appear in court as required. If this happens, you may forfeit any money you paid toward bail and face court penalties. However, bail jumping is not always an intentional offense. Things do come up in life. We know that. You may have a legitimate reason for missing your court date.

Call our Washington criminal defense lawyers with the Law Offices of Smith & White at (253) 203-1645 and ask for a confidential case evaluation.

What is Bail Jumping?

Bail jumping, or failure to appear, is charged when, for whatever reason, you missed a scheduled court hearing of which you were notified. The penalties depend on the severity of the original crime with which you had been charged.

Bail jumping is more than a matter of rescheduling a court date. Judges are often very displeased with bail-jumping defendants, as they believe it seriously wastes the court’s time and resources. As such, you may be in for serious consequences.

What Are the Penalties for Bail Jumping in Washington?

If you were charged with a misdemeanor or gross misdemeanor, the potential penalties for bail jumping are up to 1 year in jail and a fine of up to $ 5,000.

If you were charged with a Class B or C felony, then bail jumping is also a Class C Felony with a maximum sentence of 5 years in prison and a $10,000.00 fine.

If you were charged with a Class A felony, bail jumping is a Class B felony with a maximum sentence of 10 years in jail and a fine of up to $20,000.

Lastly, if you allegedly bail jumped while facing a murder charge, then the bail jumping offense is a Class A felony.

How Bail Jumping Affects Cash Bail Payments

Normally, when a defendant is subject to cash bail terms, the money they pay toward bail is refunded to them as long as they appear at all required court dates. Even if they are ultimately found guilty, their bail money may be refunded.

If you jump bail, your bond is forfeited. Although cash bail is becoming less common, many defendants still must pay some amount of money to secure their bail. If you miss your court date, you will not get your money back.

Can You Be Released on Bail After Bail Jumping in Washington?

Our Federal Way, WA criminal defense lawyers will argue for your release again, but whether this happens after a bail-jumping offense is hard to say.

In some cases, judges choose to show leniency and re-release the defendant on bail, but with more restrictive bail terms and conditions. In other cases, bail may be revoked completely, and defendants must return to jail until their case is complete, which could be several months or over a year.

If you are granted bail after bail jumping, costs will likely increase, and a bail bondsman is less likely to accept your bond because they will remember that you have already failed to appear once.

Can You Be Charged with Bail Jumping if You Are Released on Your Own Recognizance?

If you were released on your recognizance, you may be thinking, “I wasn’t out on bail, so how can they charge me with bail jumping?” The truth is, being released on your own recognizance is a form of bail, and bail jumping still carries serious penalties under these circumstances.

Remember that bail jumping is also known as a failure to appear. The court is actually not concerned whether specific bail terms and conditions were violated. If you miss a duly scheduled court date and you were notified, you may face penalties.

Keep in mind that defendants released on their own recognizance are often charged with less serious crimes. As such, the penalties for bail jumping are likely to be graded as lower offenses, like a misdemeanor.

Does Bail Jumping Involve Crossing State Lines?

Some people think they need to flee to another state to be charged with bail jumping. This is not the case. Even if you forgot and went to your job or stayed at home, you can still be charged.

This confusion likely stems from the fact that many bail conditions require that defendants remain within the state or county. Courts often impose these restrictions on defendants who may pose a flight risk. However, you do not have to physically leave the state to be charged with bail jumping.

Who Will Come After You for Bail Jumping?

If you jump bail in Washington, your bail bondsman, if you have one, may track you down to bring you back to court to face penalties. However, some people are lucky enough to have an understanding bail bondsman who chooses not to bring them in after they jump bail. This might be because the amount of money they lost is not significant enough to put in the time and effort to locate the defendant.

Even so, your bail bondsman is not the only person to worry about. The police have the right to bring you in even if your bail bondsman does not – it is not ultimately the decision of your bail bondsman alone.

Can You Be Charged with Bail Jumping if Your Underlying Charges Are Dismissed?

The prosecution adds bail jumping charges to your existing charges. Also, this charge is separate from the original charges. Even if your original charges are dismissed, or you are found not guilty, you can still be charged with bail jumping, and the penalties will still be dependent on the severity of the original crimes charged.

Can You Defend Yourself Against Bail Jumping Charges?

Simply saying, “I forgot,” is not a defense. It is your duty to remember your court date after you are officially notified. However, if you miss your hearing because of circumstances you could not control, despite making an effort to show up, you might have a valid defense.

Did your car break down and you had no other mode of transportation? Were you hospitalized? If so, you will want to provide the documentation. Was there a death in the family or other family emergency?

Whatever your situation is, be prepared to prove it when you do appear in court. Also, even if you are caught in a bad situation but there are alternative options to get to court, you are expected to take them. For example, your car breaking down is not an excuse if public transportation is available.

Can You Be Charged with Bail Jumping if You Were Never Informed of Your Court Date?

It is rare, but sometimes people are not notified correctly of their court dates. Perhaps your court notice was mailed to the wrong address, or the date was changed and the court neglected to send you the new date, so you show up on the wrong day.

If you can show that you were not properly notified of the court date, the charge of bail jumping may be dismissed. Remember that the prosecution must prove that you had knowledge of the court date.

Contact Our Washington Criminal Defense Lawyers for Help

Call our Puyallup, WA criminal defense lawyers with the Law Offices of Smith & White at (253) 203-1645 and ask for a confidential case evaluation.