Failure to Appear While in Jail: Can He Get Bond?

This is a frustrating situation because the failure to appear was not his fault. He was in custody and being moved between facilities on the day he was supposed to be in court. That kind of administrative mix-up happens, and the courts are not always quick to unwind it on their own.

The no-bond hold exists because a judge or magistrate has decided, at least for now, that he is a flight risk based on the missed appearance. The fact that the FTA was due to a county transfer rather than deliberate avoidance is exactly the kind of argument that can be made to challenge that hold. But it needs to be made formally and by someone with standing to do so.

If he has an attorney, this needs to go on their desk immediately. The attorney can file a motion for a bond hearing and present documentation showing he was in custody on the date in question. County jail transfer records, booking logs, and transport records should all establish where he was that day. That paper trail is the foundation of the argument.

If he does not have an attorney, he should request a public defender as soon as possible. He can also file a pro se motion requesting a bond reconsideration hearing, though getting an attorney involved is strongly preferable.

The three-month wait until his scheduled court date is not necessarily fixed. A properly filed bond motion can get a hearing scheduled sooner than that. The key is acting quickly rather than waiting out the calendar.