Do You Get a Bond for Failure to Appear? Understanding FTA and Bail
Failure to appear (FTA) in court is a serious offense with significant consequences. One common question is whether you can get a bond after failing to appear. The short answer is generally no, but the situation is complex and depends on several factors. Let's break it down:
What is a Failure to Appear (FTA)?
A failure to appear (FTA) occurs when you've been legally summoned to court – for example, after being arrested and released on bail or receiving a subpoena – and you don't show up without a valid excuse. This is a separate offense from the original charge and can result in serious penalties.
Bail vs. Bond: What's the Difference?
While often used interchangeably, there's a subtle difference. Bail is the security deposited to ensure your appearance in court. Bond refers to the type of security, often a monetary amount, used as bail. A bondsman might post a bond on your behalf, essentially acting as a guarantor of your appearance.
Can You Get a Bond After an FTA?
The possibility of getting a bond after an FTA is extremely slim. Once you've failed to appear, the court loses trust in your ability to comply with legal orders. This significantly reduces the likelihood of being granted bail or a bond for a future appearance. The court will likely issue a warrant for your arrest.
What Happens After an FTA?
The consequences of an FTA are severe and can include:
- Warrant for your arrest: Law enforcement will actively seek to apprehend you.
- Increased charges: You'll face new charges for FTA, adding to your legal troubles.
- Higher bail amounts: If you are eventually apprehended, the bail set for your original charge will likely be significantly higher, reflecting the court's diminished trust.
- Asset seizure: The court might seize assets to cover the cost of the bond or any associated fines.
- Jail time: You'll face potential jail time for the FTA itself, in addition to any penalties for the original offense.
- Damage to your record: An FTA will negatively impact your criminal record, making it harder to secure employment, housing, or loans in the future.
Preventing an FTA
The best way to avoid an FTA and its consequences is to ensure your appearance in court. This means:
- Understanding your court date: Clearly mark your court date on your calendar and set reminders.
- Keeping your contact information up-to-date with the court: Notify the court immediately of any address or phone number changes.
- Contacting the court if you can't appear: If something unexpected prevents you from attending, contact the court immediately to explain the situation and explore possible alternatives. Providing verifiable documentation can help your case.
- Seeking legal counsel: Consult with an attorney if you have any questions or concerns about your court appearance.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. The specific consequences of an FTA can vary depending on the jurisdiction, the nature of the original charge, and other factors. It's crucial to seek legal counsel from a qualified attorney to understand your rights and obligations regarding your specific situation.
