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Previous PageFile uploaded: 10/31/2018

Rule 4-701.? Failureto Appear.

Intent:

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

Applicability:

This ruleshall apply to cases in which the defendant?s appearance is not required.

Statement of the Rule:

(1)       Whena case is filed, the clerk may mail to the defendant a notice indicating thebail amount. If the defendant fails to appear or forfeit the bail amount withinfourteen days after receiving a citation, the clerkmay increase the bail amount by $50 and mail the defendant a delinquencynotice.

(2)       Ifthe defendant fails to appear or forfeit the bail amount within forty daysafter receiving a citation, the court may increase the bail amount by $75 andissue a warrant for failure to appear.

(3)       Ifthe defendant is a juvenile, the court may issue a bench warrant or order totake the defendant into custody. If a bench warrant is issued, a specialdesignation or "flag" shall be placed on the warrant indicating thatthe defendant is a juvenile.

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

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

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

Effective November 1, 2018