BailViolations

Section § 1320

Explanation

If someone charged or convicted of a misdemeanor or felony is released without bail (called 'own recognizance') and then purposely doesn't show up to court, they face more legal trouble. If it's a misdemeanor, not appearing is also treated as a misdemeanor. If it's a felony, not showing up is treated as another felony, with penalties up to a $5,000 fine, jail time, or both. If a person doesn't appear within 14 days of their scheduled date, it's assumed they are trying to avoid the court.

(a)CA Penal Law Code § 1320(a) Every person who is charged with or convicted of the commission of a misdemeanor who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a misdemeanor. It shall be presumed that a defendant who willfully fails to appear within 14 days of the date assigned for his or her appearance intended to evade the process of the court.
(b)CA Penal Law Code § 1320(b) Every person who is charged with or convicted of the commission of a felony who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a felony, and upon conviction shall be punished by a fine not exceeding five thousand dollars ($5,000) or by imprisonment pursuant to subdivision (h) of Section 1170, or in the county jail for not more than one year, or by both that fine and imprisonment. It shall be presumed that a defendant who willfully fails to appear within 14 days of the date assigned for his or her appearance intended to evade the process of the court.
willful failure to appear own recognizance release misdemeanor offense ...

Section § 1320.5

Explanation

If someone is charged with or convicted of a felony and is out on bail, they must show up in court as required. If they purposely don't show up to avoid the court process, it's considered a felony. The consequences can include a fine up to $10,000, imprisonment for up to one year, or both. If the person does not appear within 14 days of the scheduled court date, it may be assumed they are trying to avoid the court intentionally.

Every person who is charged with or convicted of the commission of a felony, who is released from custody on bail, and who in order to evade the process of the court willfully fails to appear as required, is guilty of a felony. Upon a conviction under this section, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment pursuant to subdivision (h) of Section 1170, or in the county jail for not more than one year, or by both the fine and imprisonment. Willful failure to appear within 14 days of the date assigned for appearance may be found to have been for the purpose of evading the process of the court.
felony charge bail failure to appear ...