What Happens If You Skip Bail in California?

Bail is a promise: the defendant goes home while the case is pending and promises to come back every time the court requires, and whoever posted the bail or signed for the bond backs that promise with money. “Skipping bail” or “jumping bail” means breaking it.

Here is what actually happens in California, step by step, with the Penal Code section behind each one, and what you can still do about it.

Bench warrant

Penal Code 978.5 — issued when a defendant fails to appear

Forfeiture

Penal Code 1305 — declared in open court

Window to fix it

180 days (+5 if notice is mailed); extension up to 180 more under PC 1305.4

New charges

PC 1320.5 (felony, on bail); PC 1320 (on OR release); PC 853.7 (citation)

Fugitive recovery

Bail Fugitive Recovery Persons Act, PC 1299 et seq.; PC 1301

Cosigner

Owes under the indemnity agreement; no criminal liability for signing

What happens if you skip bail: the timeline

Step one: the bench warrant

When a defendant who was ordered to appear doesn’t show up, the court can issue a bench warrant under Penal Code 978.5, whether they were out on bail, on their own recognizance, or cited out. It can be served in any county, so any traffic stop can end in an arrest.

Judges have some room. Under Penal Code 1305.1, if the court has reason to believe a sufficient excuse may exist, it can continue the case without forfeiting bail or issuing a warrant, which is why a same-day call from the defense attorney matters.

Step two: bail forfeiture and the 180-day window

Under Penal Code 1305, when a defendant fails to appear without sufficient excuse, the court declares the bail forfeited in open court. What that means depends on how bail was posted:

• Cash bail posted directly with the court or jail is normally refundable after the case ends. Once it’s forfeited, that money is at risk. (See our guide to getting bail money back in California.)
• A bail bond makes the surety company liable to the court for the full bail amount, not just the premium. The premium itself is the fee for the bond and is not refunded when the case ends, whether or not the defendant missed court.

Forfeiture isn’t instant ruin. For bail over $400, the clerk mails notice to the surety and bail agent within 30 days, and the law then allows a 180-day period (plus 5 days when notice is mailed). If the defendant appears, voluntarily or after surrender or arrest, within that period, the court must vacate the forfeiture and exonerate the bond, though as a condition of that relief the court generally must order a payment to cover the cost of returning the defendant to custody, unless it finds no costs should be imposed in the interest of justice (PC 1306(b)).

Under Penal Code 1305.4, the surety or agent can ask for more time on a showing of good cause, up to 180 days from the court’s order. If the period runs out with no appearance, Penal Code 1306 requires summary judgment against the surety for the full bond amount.

Step three: skipping bail can be a new crime

A willful failure to appear can bring its own charge, under different statutes depending on how the person was released:

Out on bail in a felony case: Penal Code 1320.5

A person who is charged with or convicted of a felony, who is released on bail, and who willfully fails to appear in order to evade the process of the court is guilty of a felony. The penalty is a fine of up to $10,000, a felony jail term under Penal Code 1170(h) (16 months, two or three years), up to one year in county jail, or both the fine and the jail time. Staying away for more than 14 days after the assigned date may be treated as evidence of intent to evade.

Released on own recognizance: Penal Code 1320

For people released on their own recognizance, a willful failure to appear to evade the court is a misdemeanor if the underlying charge is a misdemeanor (PC 1320(a)), and a felony if it’s a felony (PC 1320(b)), with a fine of up to $5,000 and the same jail terms. Here the law presumes intent to evade if the person doesn’t appear within 14 days.

Cited and released: Penal Code 853.7

Willfully breaking a written promise to appear on a citation is a misdemeanor, regardless of how the original charge turns out.

PC 1320.5 covers felony cases only; whether a missed date in a misdemeanor case on bail brings a separate charge depends on the facts, so ask a defense attorney. In every statute the key word is willfully. Someone who was in the hospital isn’t committing the same crime as someone who left town, but the warrant and forfeiture still happen until it’s sorted out.

What happens to the cosigner when someone skips bail

The person who signs for the bond (the indemnitor) usually signs an agreement promising to repay the bail company if the bond is forfeited. If the defendant doesn’t come back and the forfeiture becomes a judgment, the cosigner can owe the full bail amount, plus the costs of locating and returning the defendant, and any collateral pledged, such as a car or a deed, can be used to cover it.

What the cosigner does not face is criminal liability for signing. The obligation is financial. (Actively helping someone hide from a warrant is a different matter.) We cover this in detail in what happens if someone jumps bail and you’re the cosigner.

Bail fugitive recovery: who can bring them back

Under Penal Code 1301, the bail can arrest the defendant anywhere in California for the purpose of surrendering them to the court, and must deliver them to the court or jail without unnecessary delay, within 48 hours. Who can do that is tightly limited by the Bail Fugitive Recovery Persons Act (Penal Code 1299 et seq.). Apart from law enforcement, only bail agents, bail fugitive recovery agents and private investigators who meet its requirements can apprehend a bail fugitive, and bail fugitive recovery agents must be licensed by the California Department of Insurance. Bail agents are licensed by the Department under Insurance Code 1800 et seq.

For more on how that works in practice, see bail bonds vs. bounty hunters, can a bounty hunter pull you over?, and are bail bond agents cops? (they aren’t).

Missed court? What to do now

Most people who miss court didn’t plan to. If that’s where you are, do this today if possible:

1. Call the defense attorney or public defender. They can find out whether a warrant was issued and ask the court to put the case back on calendar.
2. Call your bail agent. With Cowboy Bail Bonds, that’s 661-324-6009, any hour. We would much rather help someone return than look for them.
3. Get back in front of the court. Returning on your own, not waiting to be picked up, is usually the best outcome. Our guide to clearing a warrant in Kern County explains the walk-in process.
4. Keep proof of the reason. Hospital records, a tow receipt, anything that shows why you weren’t there. The court decides whether the excuse is sufficient.

For more on the practical steps, read what happens if you miss a court date while out on bail.

Not everyone needs a bond. Many people are cited and released, or released on their own recognizance, which has been routine since In re Humphrey (2021). A missed court date makes that less likely next time, but before anyone pays for a new bond, ask us what’s likely in the case.

Frequently asked questions

Is skipping bail a crime in California?

It can be. Under Penal Code 1320.5, a person charged with or convicted of a felony who is out on bail and willfully fails to appear in order to evade the court is guilty of a felony. Penal Code 1320 covers people released on their own recognizance, and Penal Code 853.7 covers a broken written promise to appear on a citation. The key word is willfully: an honest mistake is not the same crime, though it still leads to a warrant.

What happens to the bail money if someone skips bail?

The court declares the bail forfeited. If cash bail was posted, that money is at risk. If a bail bond was posted, the surety becomes liable for the full bail amount, and the cosigner usually owes it back under the indemnity agreement. The premium paid for the bond is not refunded either way.

How long does the bail company have to bring someone back?

Under Penal Code 1305, generally 180 days from the forfeiture, plus 5 days if the notice was mailed. If the defendant appears, is surrendered or is arrested in that window, the court must vacate the forfeiture and exonerate the bond. Under Penal Code 1305.4 the court can extend the period by up to another 180 days for good cause.

Can a bounty hunter arrest someone who skipped bail?

In California only certain people can: law enforcement, and bail agents, bail fugitive recovery agents and private investigators who meet the requirements of the Bail Fugitive Recovery Persons Act (Penal Code 1299 et seq.). Recovery agents must be licensed by the California Department of Insurance.

Does the cosigner go to jail if someone skips bail?

No. Cosigning a bail bond is a financial promise, not a criminal one, so the defendant’s failure to appear does not make the cosigner guilty of anything. But the cosigner can owe the full bail amount plus recovery costs and can lose any collateral pledged.

Can you get bail again after skipping bail?

Sometimes, but it gets harder. Under Penal Code 1275, a judge setting bail must consider the probability of the defendant appearing in court, and a missed court date is direct evidence on that point. Expect higher bail, stricter conditions, or no release at all.

What should I do if I missed court by accident?

Act now. Call your attorney or the public defender, call your bail agent, and arrange to get back in front of the court. If there was a real reason, such as a hospital stay, keep the documents. Coming back quickly is the single best way to limit the damage.