What constitutes a 'failure to appear' (FTA)?

A 'failure to appear' (FTA) is defined as a situation where a defendant does not attend their scheduled court hearing. This is a critical concept in the bail bond industry because the legal obligation on a defendant to appear in court is fundamental to the bail agreement. When a defendant is released on bail, they are under a contractual obligation to attend all court appearances related to their case. Failure to do so can lead to various consequences, including the issuance of a warrant for their arrest, forfeiture of the bail bond, and additional charges.

In contrast, when the court cancels a hearing or if a defendant's attorney withdraws from the case, those scenarios do not constitute a failure on the part of the defendant to attend a scheduled hearing. Similarly, the absence of posted bail relates more to the financial arrangement for release rather than the defendant's court attendance. Understanding what officially constitutes an FTA is crucial for both bail agents and defendants, as it directly impacts the legal process and the conditions of bail.