Wichita Bail Bonds Blog

If you bail someone out of jail and they miss court, you become financially responsible for the full bail amount. When a defendant fails to appear, the court issues a bench warrant for their arrest and declares the bond forfeited. This means that if you used a bail bondsman, the bondsman must pay the full bail to the court, and you, as the cosigner, must repay the bondsman or risk losing any collateral you provided.

Court Declares the Bond Forfeited

When the defendant misses court, the judge immediately issues a bench warrant and notifies the bail company. The bond is then considered forfeited, meaning the court keeps the entire bail amount unless the defendant appears within a set time.

• Bench warrant issued – Authorizes law enforcement to arrest the defendant.
• Bond forfeiture – The bail amount is no longer refundable.
• Grace period – Courts may allow 30 to 180 days for the bondsman to locate the defendant.

Financial Responsibility for the Cosigner

As the cosigner, you’re the one who guaranteed the defendant’s appearance. If they skip court, you may owe the entire bond amount or lose any collateral you pledged, such as cash, property, or a vehicle.

• Owe the bond amount – You must repay the bondsman for the full forfeited sum.
• Collateral loss – Property or assets used to secure the bond can be seized.
• Collection actions – The bondsman may take legal action to recover costs.

The Bondsman’s Role

When the defendant misses court, the bail bondsman is allowed to track down and surrender them to the authorities to avoid paying the court. Bondsmen may use recovery agents, commonly known as bounty hunters, to locate and return the defendant.

• Recovery period – Usually 90–180 days to return the defendant before paying the bond.
• Defendant surrender – Once located, they’re taken back to jail and the bond may be reinstated.
• Added fees – The bondsman can charge you for recovery costs and legal fees.

How to Resolve the Situation

If the defendant misses court accidentally or due to an emergency, act fast. Contact the court and the bondsman immediately to explain and request a new court date. Sometimes, if the defendant appears voluntarily soon after, the court will reinstate the bond.

• Contact the bondsman – Inform them right away to avoid full forfeiture.
• Request a hearing – The attorney can file a motion to set aside the forfeiture.
• Encourage voluntary surrender – Returning to court quickly can reduce penalties.

Consequences for the Defendant

Missing court is considered a failure to appear (FTA), which is a separate crime. In Kansas, an FTA charge can result in fines, additional jail time, and a tougher bond decision in future cases.

• New charges – Failure to appear is often charged as a misdemeanor or felony.
• Stricter bond conditions – Judges may raise bail or deny it altogether.
• License suspension – The defendant’s driver’s license may be suspended.

If someone you bail out misses court, you risk losing the bond money or collateral, and the defendant faces arrest and new charges. Acting quickly by contacting the bondsman or court can help reduce financial loss and legal damage.