The failure of a person released from custody on bail, or on their own recognizance, to appear in court as required by the conditions of their release, without a lawful excuse. It is prosecuted as a distinct offense from the original charge that led to the person's arrest, on the reasoning that failing to appear undermines the court's ability to administer justice, and in many jurisdictions results in the forfeiture of any bail bond posted and the issuance of a bench warrant for the person's arrest; a number of jurisdictions grade the offense's severity according to how serious the underlying charge was.
Facts
Elements of OffenseA defendant or respondent does not come before a tribunal as directed in a summons 2 Notable ExampleFour of the eleven Communist leaders convicted in Dennis v. United States fled in July 1951 2 Jurisdiction VariationAll fifty US states penalize failure to appear by statute, and several call it bail jumping in their codes 2 Classification
Offense GradeMinor or Summary Offense 1 Sources
1. Failure to appear (Wikipedia)
WikipediaLead section, Failure to appearQuote, Lead section, Failure to appear
A "failure to appear" (FTA), also known as "bail jumping", occurs when a defendant or respondent does not come before a tribunal as directed in a summons.
2. Failure to appear (Wikipedia)
In the United States, definition paragraph
A "failure to appear" (FTA), also known as "bail jumping", occurs when a defendant or respondent does not come before a tribunal as directed in a summons.
State laws section
All fifty states have implemented statutes penalizing FTAs, which several state statutes call "bail jumping" in their official codes.
Historically section, Dennis v. United States
After the Supreme Court affirmed the convictions of eleven Communist leaders under the Smith Act in Dennis v. United States, four of the defendants fled in July 1951.
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