The Consequences of Absconding After Bail for a Criminal Trial

When a defendant is bailed out by a bail bondsman, there are strict obligations and responsibilities that come into play. If the defendant absconds before the trial, severe consequences arise. Not only is the bond forfeited, but the defendant faces an arrest warrant and potential permanent custody in jail. This article delves into the legal and practical implications of such actions, including the statutes and laws that govern this issue.

Forfeiture of Bail and Issuance of Warrant

If a defendant absconds before or during a trial, the bail is immediately forfeited. This means that the bail bond must be paid in full or the bondsman is out of pocket in many jurisdictions. In addition to losing the bail, a warrant is issued for the defendant's arrest. Law enforcement and bail bondsmen will then actively search for the defendant.

Once the defendant is apprehended, they will likely be held without bail until the trial. This ensures that the defendant cannot evade legal proceedings and face justice. It is worth noting that in some states, such as Illinois, bail bondsmen may reclaim their bond if the defendant surrenders themselves to the court. But in Illinois specifically, bail bondsmen have been eliminated as a service since the mid-1970s, and deposit bonds are used instead.

Statutory Offenses and Concurrent Sentences

Failure to appear (FTA) for a court hearing or trial is a serious offense under the law. All states have statutes that treat this as a criminal act. In Illinois, this act is referred to as 'escape,' but commonly known as 'bail jumping' by all parties involved, including judges, defense lawyers, and prosecutors. This offense is classified as a felony.

When a defendant absconds, the usual procedure is for the judge to grant a continuance of the trial for 30 days. This allows the defense attorney to locate the defendant and ensure their appearance in court at the next scheduled date. The judge may also continue to consider the bail money as long as the defendant appears at the next court date. However, if the defendant fails to appear again, the judge will issue an order forfeiting the bail money to the county and will issue an arrest warrant. Importantly, this warrant typically has a 'no bail' provision, meaning the defendant cannot bail out of jail once they are arrested.

Impact on Legal Proceedings and Sentencing

Once a defendant has been forcibly brought back to court through an arrest warrant, the trial will proceed as planned with the defendant still in custody. This can significantly damage the defendant's chances of securing a lenient sentence. Judges are unlikely to grant probation to someone who has shown a willingness to abscond from legal obligations. Probation is often considered only in cases where the defendant demonstrates a strong commitment to attending court appearances.

In summary, absconding after being bailed out for a court trial is a severe legal offense in most states. The consequences are swift and severe, including the loss of bail money, issuance of an arrest warrant, and potentially no chance at bail if the defendant is apprehended. Defendants are strongly advised to fulfill their legal obligations to avoid these harsh penalties.