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Rule 4-701. Failure to appear.


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


This rule shall apply to cases inwhich the defendant?s appearance is not required.

Statement of the Rule:

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

(2)(A) If the defendant fails toappear 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 failureto appear; a separate offense of Failure to Appear need not be filed.

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

(3) If a minor fails to appear injuvenile court on a charge which would constitute an infraction if committed byan adult:

(3)(A) The court shall not issuean Order for Detention.

(3)(B) The court may authorizethe probation department to file an order to show cause.