What Is a Bail Jumping Charge in Washington?

Failing to appear in court or surrender for sentencing after being released can result in a serious additional charge in Washington State known as bail jumping. This offense is governed by RCW 9A.76.170 and applies whether you were released on bail, on your own recognizance, or under a court order. Even if you believe the original case was a misunderstanding or has been resolved, missing a required court appearance can lead to new criminal charges, including misdemeanors or felonies, depending on the circumstances.

Understanding the Law on Bail Jumping

According to Washington law, a person commits bail jumping when they knowingly fail to appear or surrender as required by the conditions of their release. The statute applies in both felony and misdemeanor cases. The law requires that the person received written notice of the court date or surrender requirement and then failed to appear or comply. It does not matter whether the individual believed the case was minor or likely to be dismissed. If the failure to appear was intentional and not due to a valid excuse, a new charge may follow.

The law does provide a limited affirmative defense. If the defendant can show that their failure to appear resulted from uncontrollable circumstances, that they did not negligently disregard their obligation, and that they returned to court as soon as reasonably possible, they may avoid conviction. However, this defense is narrowly applied and must be proven in court.

How Bail Jumping Is Charged

The severity of a bail jumping charge depends on the underlying offense. If the original charge was for first-degree murder, the bail jumping offense is charged as a class A felony. If the original offense was any other class A felony, the bail jumping charge is treated as a class B felony. When the underlying offense is a class B or class C felony, bail jumping is classified as a class C felony. If the person was originally charged with a gross misdemeanor or misdemeanor, the bail jumping charge will also be a misdemeanor. This means that even a relatively minor case can turn into a more serious one if a court date is missed.

Dismissed Charges and Separate Liability

A common misconception is that if the original charge is dismissed or resolved, the risk of a bail jumping charge disappears. In reality, bail jumping is considered a separate and independent offense. Even if the original case results in acquittal, dismissal, or a favorable plea deal, a failure to appear at any required hearing or sentencing date may still lead to prosecution for bail jumping. The court evaluates whether there was a valid court order to appear and whether that obligation was knowingly ignored.

Consequences of Missing Court

Missing a required court date usually results in the immediate issuance of a bench warrant for your arrest. Law enforcement officers may arrest you during a routine traffic stop or any other contact. Once in custody, you may face a higher bail amount or denial of bail altogether. Courts often view missed appearances as a lack of respect for the judicial process, and judges may be less inclined to offer lenient sentencing or alternatives to incarceration as a result. Bail jumping charges also carry additional criminal penalties, including potential jail time, fines, and a lasting criminal record.

What to Do If You Missed Court

If you realize you have missed a court appearance, time is critical. The best course of action is to consult an attorney immediately. A defense lawyer can help you file a motion to quash the bench warrant, explain your absence to the court, and argue for leniency or dismissal of the bail jumping charge if appropriate. In many cases, acting quickly can prevent further legal escalation and allow you to address the original matter on better terms. If you are aware in advance that you cannot attend a scheduled hearing, it is important to file a motion for a continuance or notify the court in writing as early as possible.

Protect Yourself by Taking Court Notices Seriously

In Washington, bail jumping is not taken lightly. Courts expect full compliance with all scheduled appearances, and failure to do so—even in a case you think is minor—can result in harsh consequences. If you are unsure about the requirements of your release, or if you think you missed something, the safest move is to speak to a criminal defense attorney immediately.

Contact the Law Office of Erin Bradley McAleer

If you have been charged with bail jumping or believe you may be at risk because of a missed court date, the Law Office of Erin Bradley McAleer is here to help. We understand how quickly a simple mistake can turn into a serious legal issue, and we have the experience to help you resolve it. Our office represents clients throughout Washington State in criminal defense matters and can assist with motions to quash, bench warrants, and bail jumping defense.

Call today for a free consultation and let us help you protect your record and your future.