Rule 4-701. Failure to appear.

Intent:

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

Applicability:

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.