Wichita Bail Bonds Blog

If someone misses court after being bonded out, serious legal and financial consequences follow for both the defendant and the person who posted the bond. The court will issue a bench warrant for the defendant’s arrest, and the bond may be forfeited. This means the person who paid or guaranteed the bond could lose the full bail amount or any property used as collateral. The bondsman may also take action to locate and return the defendant to jail to avoid financial loss.

Immediate Court Action

When the defendant misses a scheduled court date, the judge issues a bench warrant authorizing law enforcement to arrest them. The missed appearance is known as a failure to appear (FTA), and it’s treated as a separate criminal offense in Kansas and most states.

• Bench warrant issued – Police can arrest the defendant at any time.
• Bond forfeiture – The court orders the bond amount to be paid in full unless the defendant returns promptly.
• Additional charges – The defendant can face new criminal charges for failing to appear.

Financial Consequences for the Person Who Posted Bond

If you bonded someone out through a bondsman or by posting cash, you are financially responsible for their appearance in court. Once they miss court, you risk losing the entire bond amount or any property you pledged as collateral.

• Cash bond – The court keeps the full bail amount.
• Surety bond – The bondsman must pay the court and will demand reimbursement from you.
• Collateral loss – Property, vehicles, or savings used as security may be seized to cover the forfeited bond.

The Bondsman’s Role

If a bail bondsman was involved, they will try to locate and return the defendant to custody before the bond is permanently forfeited. The bondsman may use bounty hunters or recovery agents to track down the defendant.

• Bondsmen have a limited time (usually 90 to 180 days) to surrender the defendant to court.
• If successful, the court may reinstate the bond or cancel the forfeiture.
• If unsuccessful, the bondsman pays the court and collects from the co-signer or collateral.

Legal Consequences for the Defendant

Missing court after bonding out makes the legal situation much worse. A failure to appear charge can lead to higher bail amounts, denied bond in the future, and additional jail time once the person is caught.

• FTA charges – Additional misdemeanor or felony penalties may apply.
• Loss of bond – No refund or credit for the previous bond amount.
• Harsher release terms – Judges may refuse to grant future bond or increase the amount significantly.

How to Fix a Missed Court Date

If the defendant misses court for a legitimate reason, such as illness or an emergency, they should act quickly. Contacting the court or attorney immediately may prevent full bond forfeiture or additional charges.

• File a motion to set aside the forfeiture or recall the warrant.
• Provide proof of the emergency or valid excuse for missing court.
• Appear voluntarily as soon as possible to show good faith.

If someone misses court after being bonded out, the court issues a warrant and may forfeit the bond. The person who posted bail can lose money or property, and the defendant faces new charges and arrest until they appear before the court.