Posting bail for someone is a big deal. You’re not just helping them get out of jail—you’re also signing up for a serious responsibility. So, what happens if they don’t hold up their end of the deal?
When someone skips court (also known as “failing to appear”), the consequences can be major—not just for the defendant, but also for you as the co-signer. And if you’re in Raleigh, Durham, or anywhere in The Triangle, knowing what to expect can help you act fast and avoid bigger problems.
At Big Mike Bail Bonds, we’re breaking down what it really means when someone skips court, what risks co-signers face, and what steps you can take to protect yourself.
What Does "Skipping Bail" Actually Mean?
When someone is released on bond and then fails to show up for their scheduled court date, that’s considered a Failure to Appear (FTA). It’s not a minor slip-up—it’s a legal violation.
Here’s what can happen:
- A bench warrant is issued for the defendant’s arrest
- They may face additional charges
- Bail money or collateral may be forfeited
In North Carolina, skipping court can also result in fines, license suspension, and even new criminal charges depending on the situation. NC General Statutes § 15A outlines the rules around bail and forfeiture.
Immediate Consequences for the Defendant
1. Bench Warrant Issued
The court will issue a bench warrant for the defendant’s arrest. If they’re pulled over or interact with law enforcement, they can be taken into custody on the spot.
2. Additional Criminal Charges
Skipping court isn’t just disrespectful—it’s a separate criminal offense. A missed misdemeanor appearance can even be upgraded to a felony in some cases.
3. Bail Revocation
A judge may revoke bail entirely, meaning the defendant will have to stay in jail until their trial.
What Happens to the Co-Signer?
1. You’re Financially Responsible
If you signed a bail bond as a co-signer, you agreed to cover the full amount if the defendant doesn’t show up. That means you may have to pay the balance.
2. You Could Lose Collateral
Did you put up your house, car, or other property to secure the bond? That’s now at risk of being seized to cover the bond amount.
3. Legal Action Against You
If the bail agency suffers a loss and you don’t pay, they may take legal action to recover the money you owe.
Can You Fix the Situation?
Yes—but the key is acting fast.
1. Call Big Mike Bail Bonds or an Attorney Right Away
Let us know what’s going on. In many cases, we can help to work with the court to reschedule the hearing before a warrant is executed.
2. Urge the Defendant to Turn Themselves In
Courts often show more leniency if the defendant voluntarily returns rather than waiting to be picked up.
3. File a Motion to Reschedule Court
If they missed court due to illness, family emergency, or other valid reason, an attorney may be able to request a new hearing date.
4. Bail Recovery Agent May Be Involved
As a last resort, a bail recovery agent (also known as a bounty hunter) may be hired to return the defendant to court—which is better than losing your collateral or cash.
How to Protect Yourself as a Co-Signer
Before you co-sign for anyone, take steps to protect your finances and peace of mind.
- Know the Person You’re Bailing Out
Only post bail for someone you trust to take the process seriously. - Set Check-In Expectations
Have the defendant check in with you regularly. Many co-signers also check in with the bondsman to stay updated. - Read the Contract Carefully
Understand the terms of the bail bond. Ask questions about what you’re liable for and under what conditions. - Don’t Risk What You Can’t Afford to Lose
Never use your only vehicle or your home as collateral unless you’re fully confident in the defendant’s commitment to showing up in court.
FAQs: What If They Miss Court?
What if the defendant had a valid reason for missing court?
They should contact their attorney or the court right away. If they act quickly, they may be able to reschedule the hearing without facing new charges.
Can bail be reinstated?
Yes, but only if the defendant takes immediate action and the court believes the absence was due to a legitimate emergency.
How long before bail is forfeited?
Every jurisdiction is different, but the court may allow a short grace period to fix the situation before revoking bail and seizing collateral.
Can I remove myself as a co-signer?
Once bail is posted, you cannot remove yourself unless the defendant is returned to custody or the case is resolved.
Is there anything else I should know about?
We recommend reading 5 Common Mistakes to Avoid When Posting Bail as well as other topics on our blog. These blogs are informative and cover a vast range of topics.
Don’t Let a Missed Court Date Spiral Out of Control
If someone you bailed out skips court, don’t wait—every day matters.
At Big Mike Bail Bonds, we guide co-signers and defendants through what comes next. Whether you need help finding someone, rescheduling a court date, or avoiding financial penalties, we’re here to protect your interests.
Serving clients across Raleigh, Durham, and the entire Triangle area, we’re known for fast, local, and judgment-free service when you need it most.
Contact Big Mike Bail Bonds to get answers and support.
April 18, 2025
