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When someone is charged with a crime in North Carolina, in most cases, the court will set bail. Bail is money or conditions required to ensure that the accused returns for future court dates. But what happens when someone skips bail and fails to appear in court? That’s called bail jumping, and it’s a crime.
What Is Bail Jumping?
Bail jumping is also known as failure to appear. Bail jumping happens when a person who has been released on bail willfully fails to show up for a scheduled court appearance. In North Carolina, this is considered a separate criminal offense from the original charge—and it can lead to serious, additional legal consequences.
Under NC General Statutes § 15A-543, a person who willfully fails to appear after being released on bail can be charged with misdemeanor or felony failure to appear, depending on whether their underlying charge was a misdemeanor or felony. In short, skipping court can actually increase your legal problems.
Is Bail Jumping Always Intentional?
Intent is key in bail jumping cases. To convict someone, the prosecution must prove that the failure to appear was willful—not due to an accident, illness, or reasonable excuse.
For example, you might have:
- Forgot or confused the date, but can show you were making an effort to comply
- Had a medical emergency
- Had a car accident
- Never received proper notice of the court date
In these cases, your defense attorney may be able to argue that your absence wasn’t intentional. However, if the court determines that you deliberately avoided your hearing, or made no effort to contact the court or your attorney afterward, you could be charged with bail jumping.
Penalties for Bail Jumping in North Carolina
If the court determines you willfully jumped bail, the penalties depend on your original charge. If your original charge was a misdemeanor, failure to appear is typically charged as a Class 2 misdemeanor. Class 2 misdemeanors are punishable by up to 60 days in jail and a $1,000 fine.
If the original charge was a felony, you could be charged with a Class I felony, punishable by up to a year in jail.
Additionally, the court may:
- Issue a bench warrant for your arrest
- Forfeit your bond (meaning you lose any money or collateral posted)
- Make it harder to obtain bail in the future
Fortunately, a knowledgeable criminal defense attorney can often help reduce or dismiss bail jumping charges, especially if there’s evidence that your failure to appear wasn’t intentional.
What to Do If You Missed a Court Date
If you’ve missed a court appearance in North Carolina, don’t wait for the police to come to you. Taking action can make a big difference in how your case is handled. Here’s what to do:
- Call your criminal defense attorney: Your attorney will know how to approach the court to minimize the damage and potentially avoid a new arrest.
- Gather documentation: If there was a legitimate reason for missing your court date (hospital visit, death in the family, transportation issue), gather any documentation that supports your claim.
- Stay in town: If you’re aware of a warrant for your arrest due to bail jumping, staying in the area—and making yourself available—can show the court that you’re not trying to flee or hide.
Contact Hancock Law Firm, PLLC Today for Bail Jumping Defense
A bail jumping charge can complicate your original case and put your freedom at further risk. You need a defense lawyer who understands North Carolina criminal procedure—and how local prosecutors and judges handle these charges. Your lawyer can advocate for your side of the story and work to resolve any outstanding warrants.
If you or a loved one is facing a bail jumping or failure to appear charge in North Carolina, call Hancock Law Firm, PLLC for a confidential consultation. We’ll walk you through your options and work to resolve your case with the best possible results.