Rule 4-701.Failure to Appear.

Intent:

To establish a procedure for handling cases in which the defendant fails to appear and fails to forfeit bail.

Applicability:

This rule shall apply to cases in which the defendantís appearance is not required.

Statement of the Rule:

(1)       When a case is filed, the clerk may mail to the defendant a notice indicating the bail amount. If the defendant fails to appear or forfeit the bail amount within fourteen days after receiving a citation, the clerk may increase the bail amount by $50 and mail the defendant a delinquency notice.

(2)       If the defendant fails to appear or forfeit the bail amount within forty days after receiving a citation, the court may increase the bail amount by $75 and issue a warrant for failure to appear.

(3)       If the defendant is a juvenile, the court may issue a bench warrant or order to take the defendant into custody. If a bench warrant is issued, a special designation or "flag" shall be placed on the warrant indicating that the defendant is a juvenile.

(4)       If a minor fails to appear in juvenile court on a charge which would constitute an infraction if committed by an adult:

(4)(A)       The court shall not issue an Order for Detention.

(4)(B)       The court may authorize the probation department to file an order to show cause.

Effective November 1, 2018