Skipping Bail in Florida: a Risky Move With Serious Outcomes

Bail serves as a legal tool allowing individuals accused of a crime to secure their release from custody until their trial. Typically, bail is paid in cash or through a bail bond company that acts as a guarantor for the defendant. Its primary purpose is to ensure the defendant’s appearance in court and prevent unnecessary detention of individuals presumed innocent until proven guilty.

Nevertheless, some defendants may opt to skip bail, indicating their failure to attend scheduled court appearances. This decision carries substantial risks for both the defendant and the bail bond company. This article explores the implications of skipping bail, its consequences, and potential defenses.

Understanding Bail Jumping

Skipping bail, also referred to as bail jumping or failing to appear, constitutes a criminal offense in Florida. As per Florida Statutes Section 843.15, an individual released on bail who willfully fails to appear commits a felony of the third degree for a felony charge or a misdemeanor of the first degree for a misdemeanor charge. Penalties range from up to one year in jail and a $1,000 fine for misdemeanors to up to five years in prison and a $5,000 fine for felonies.

Skipping bail results in the forfeiture of the bail money or bond. This loss implies that the defendant or the bail bond company surrenders the amount paid for release. Additionally, the court may issue an arrest warrant, leading to the defendant’s potential custody until case resolution.

Consequences of Skipping Bail

Skipping bail adversely affects not only the defendant but also the bail bond company and co-signers. The bail bond company, responsible for ensuring the defendant’s court appearance, may suffer financial loss and may resort to legal actions. They might employ a bounty hunter to locate and apprehend the fugitive, potentially using force or deception.

Co-signers, individuals vouching for the defendant’s trustworthiness, face collateral loss and potential legal actions. Loss of property, vehicles, or valuables pledged to secure the bond is likely, along with potential responsibility for the full bail amount, interest, and fees.

Defendants who skip bail encounter severe consequences. They may face new charges, affecting their sentence for the original offense. Future bail opportunities may be jeopardized, reputation and credibility damaged, and support from family, friends, or employers lost. The risk of police or bounty hunter apprehension, potentially involving force, adds further peril.

Possible Defenses to Skipping Bail

Despite the gravity of skipping bail, defendants can mount a defense. The prosecution must prove willful failure to appear, necessitating intentional and knowing actions. Valid reasons for missing court, such as a medical emergency or lack of notice, may serve as a defense. Demonstrating efforts to notify the court and bail bond company promptly, along with attempting to reschedule the court appearance, strengthens this defense.

Another defense arises if the defendant was released on their recognizance, exempting them from bail requirements. While skipping bail charges may not apply, consequences like warrant issuance and forfeiture of pretrial release rights may still arise.

Skipping bail is a risky maneuver with serious repercussions. Compliance with bail terms and court appearances is advisable, and seeking assistance from a qualified criminal defense attorney is recommended when facing charges. Legal counsel can guide defendants on their rights, represent them in court, and negotiate with the prosecution to mitigate or avoid the penalties associated with skipping bail, ultimately aiding in resolving the original case.

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