Bail Jumping for Beginners in Washington State

JUMP LEASE:

In the state of Washington, a person commits the crime of “bail jumping” if they have been released on their own recognizance or bail, and released knowing that they must return to court for a later hearing. Washington Revised Code 9A.76.170(1). A person is also guilty of skipping bail if he is aware of the requirement to report to a correctional facility to serve a sentence and fails to do so. ID. In simple terms, if you are charged with a crime and do not appear in court when you know you should, or if you do not appear in jail (or prison) to serve your sentence when you know you should, you are guilty of the bail jumping crime.

The felony bail jump can be a felony or a misdemeanor. The class, or level, of the bail jumping charge depends on the crime you were originally charged with and failed to appear for. Bail jumping is:

(a) A class A felony if the person was arrested, charged, or convicted of murder in the first degree;

(b) A class B felony if the person was arrested, charged, or convicted of a class A felony other than first degree murder;

(c) A class C felony if the person was arrested, charged, or convicted of a class B or class C felony;

(d) A misdemeanor if the person was arrested, charged, or convicted of a serious or misdemeanor misdemeanor.

Washington Revised Code 9A.76.170(3).

DEFENSES:

Are there any defenses to bail? Yes. There is an affirmative defense. An affirmative defense means that you admit that you did the act, but it was legally justified. The defense is set forth in the bail bond statute. It states:

It is an affirmative defense to prosecution under this section.

that uncontrollable circumstances prevented the person

appear or surrender, and that the person did not contribute

to the creation of such circumstances in reckless disregard of the

requirement of appearance or delivery, and that the person appeared

or delivered as soon as such circumstances ceased to exist.

Washington Revised Code 9A.76.170(2).

The question is: What is considered “uncontrollable circumstances”? Uncontrollable circumstances means that you have no control over the circumstances that caused you to lose the hearing. An act of God can qualify. For example, if you miss court because a tornado lifts your (or your) car and slams you (or you) into the ground, then you may have a good defense that you missed your required court date due to circumstances uncontrollable. If you are in the hospital, that may qualify if you can get a note from your doctor stating that you were hospitalized and physically unable to go to court. Be careful though, if you were in the hospital for something you did, the prosecutor may argue that you “contributed to the creation of such circumstances.” If you are kidnapped and held hostage, that may also qualify as a defense. Whatever uncontrollable circumstance is preventing you from making your court date, just make sure that as soon as you can, you get on the court calendar so that you meet the requirement to appear or turn yourself in as soon as your uncontrollable circumstance ceases. . exist.

There may be other defenses that would fall into the “burden of proof” category. That means the prosecuting authority simply doesn’t have enough evidence to prove every element of the charge beyond a reasonable doubt. For example, they may not have any record that you were served on the required date in court and therefore could not prove the knowledge element.

Generally speaking, however, proving a bail breach charge is relatively easy for prosecutors. All they need is 1) a certified copy of the promise to appear in court on the specific day that was signed by the defendant when they received the court date, and 2) a witness, such as a court clerk who can testify that on the date the defendant was due to appear, the court record indicates that he or she failed to appear.

A copy of the defendant’s signed promise to appear shows knowledge of the appearance requirement. In the county where I practice, the language in the order establishing the next mandatory court date states:

The defendant is ordered to appear at all hearings suitable for trial

[a pretrial or status hearing]… The defendant’s failure to appear

at trial or fitness for trial or any other hearing established by the

Court may result in the issuance of an arrest warrant, confiscation of

Bail and/or criminal prosecution for Jumping Bail pursuant to

Washington Revised Code 9A.76.170.

A bail jumping charge can be very difficult to defend. Simply forgetting your short date is not a defense. Division Two of the Washington State Court of Appeals held that, based on a simple reading of the law, “I forgot” is not a defense. The prosecution only has to prove that it was made aware of the trial date, not that it was made aware of the date every day thereafter.

For the defense attorney, they must research the law and the records of the case. They must determine whether the hearing was one for which the defendant was actually required to appear. There are different types of hearings and not all of them require mandatory appearances. They must investigate and determine whether the defendant was actually aware of the requirement to appear at the hearing and, if so, whether there is any actual evidence to prove it. Is there a living witness such as an employee who will be called by the prosecution? Is there a certified copy of a signed promise to appear? Finally, they must investigate the reason for the non-appearance and determine if it was an “uncontrollable circumstance”.

BAIL JUMP PRIZES:

As stated above, jumping bail is a misdemeanor if the defendant “was held, charged, or convicted of a serious or misdemeanor misdemeanor.” Washington Revised Code 9A.76.170(3)(d). The maximum penalty for a misdemeanor is 90 days in jail and a $1,000 fine. In those cases, the sentencing judge has the authority to sentence the bail jumper to 0-90 days in jail and a fine of up to $1,000. In addition, the defendant may be placed on probation and may be required to pay probation fees.

If the bail jumping crime falls into one of the felony classes, it gets a little more complicated. In Washington, the sentencing scheme basically works on a grid system. The vertical border of the grid is the “severity level”. The horizontal border is the “offender score”. There are 16 levels of seriousness in the Washington system. Level sixteen has a single felony: Aggravated First Degree Murder. The only two penalties for that crime are life in prison without the possibility of parole and the death penalty, regardless of your delinquent score. The lowest severity level is One. That level includes crimes such as Burglary in the Second Degree (theft of property valued between $750 and $5,000) and Forgery. The offender score consists of scoring prior felony convictions. When you determine the severity level of the crime and the offender’s score, you will find the “standard range” sentence that the court should impose. There are exceptions to imposing a sentence within the standard range, but that’s a discussion for another day. Generally, the court must impose a sentence within the standard range. If that happens, no one can appeal that sentence. If the court imposes an “exceptional” award outside the standard range, either party can appeal.

Bail jumping on a first degree murder charge has a severity level of six. With a delinquent score of 0 (zero), the standard range sentence is twelve months plus one day (which means prison) to fourteen months. The offender’s score only reaches nine on the sentence grid. Any value above nine will fall into the standard range for a delinquent score of nine. The standard range for First Degree Murder Bail Jump with a felony score of nine is 77 to 102 months in prison.

Bail jumping for an original charge of a Class A felony has a severity level of five. The standard sentence range starts with 6 to 12 in your local county jail. For an offender with a score of more than nine, the range is 72 to 96 months in prison.

Finally, Bail Jumping on a Class B or C felony has a severity level of Three. With a delinquent score of 0, the range is one to three months in jail. The range for a delinquent score of more than nine is 51 to 60 months. Sixty months, or five years, is the maximum sentence.

CONCLUSION:

As you can see, bail jumping is an easy crime to commit. If you simply forget your short date, you can be charged and convicted of skipping bail. You can also see that it is easy for the prosecution to prove and difficult for the defense to defend and the consequences are serious.

So the word to the wise is DON’T MISS COURT! The wise will not even be late. If they say your name and you are not there, you risk receiving a failure to appear, a warrant, and a bail jumping charge. Assist in your defense, not your prosecution; don’t miss your short appointment.