371) What happens if I “Skip” / Fail to Appear while out on Bond? #HaberPA Miami Criminal DUI Lawyer
Channel: Michael Haber
Date: 26/04/2020

Thanks for asking me “What happens if I “Skip” / Fail to Appear while out on Bond in FL?”

If you’re out on bond and you “willfully” fail to appear in Court then apart from having a warrant issued for the underlying case you could also face a new and additional charge called "bail jumping".

F.S. 843.15 is the "bail jumping" statute and it provides a mechanism for the State to charge you with a new, separate and independent crime should you willfully fail to appear in court while on pre-trial release or bond.  The exact language of the statute is: "whoever, having been released pursuant to chapter 903, willfully fails to appear before any court or judicial officer as required shall incur a forfeiture of any security which was given or pledged for her or his release and, in addition, shall:  (a) If she or he was released in connection with a charge of felony or while awaiting sentence or pending review by certiorari after conviction of any offense, be guilty of a felony of the third degree…: or (b) If she or he was released in connection with a charge of misdemeanor, be guilty of a misdemeanor of the first degree.

The key to Bail Jumping is the necessary element of “willfulness”, and  “willfully” basically means “by choice”.   So, for instance, if you’re out on bond and you literally “skip” or flee the jurisdiction of the court without permission and you subsequently fail to appear when summoned then that’d likely meet the willful standard; however say you missed court because you were hospitalized - and you were both provably and medically unable to attend - then that likely wouldn’t constitute “willful” behavior.

In any event - and no mater what ultimately comes of it after litigation - a failure to appear while out on felony bond is a potential 3rd degree felony and a failure to appear while out on misdemeanor bond is potential 1st degree misdemeanor.  That said...

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