Bail

A breach of the bail bond occurs in both civil and criminal actions when the defendant "jumps bail" or "skips bail"—that is, deliberately fails to return to court on the specified date, thereby forfeiting the amount of the bond. The act of jumping bail is either a misdemeanor or a felony, depending upon statute. The mandatory appearance required in a bail arrangement consists not merely of responding to the charges but also of attendance by the defendant at the trial and sentencing by the court. Appearance by counsel ordinarily does not prevent a breach, although under some statutes, where the offense is a misdemeanor, such an appearance might be sufficient.

When a bond is breached, the court enters a judgment of FORFEITURE of the bail. In some jurisdictions, the judgment is appealable, but only if the failure to comply with the conditions of the bond was excusable and the state suffered no loss of rights against the defendant.

A final judgment normally cannot be entered on recognizance or bail bond without additional proceedings. Such proceedings are usually of a civil nature and follow the forfeiture of bail. These proceedings can be commenced by a writ (a court order) of scire facias (a judicial writ requiring the person against whom it is brought to show cause why the party bringing it should not have advantage of such record) or by an independent action.