When Can a Missed Court Date be Charged as Bail Jumping
A defendant in Kentucky missed a court date on a felony case due to an arrest on an unrelated charge. When he went to court the following morning to explain what happened, and to try to change his plea, the judge told him that he needed to have his lawyer present and told him that he was to appear in the afternoon session of court in the company of his lawyer. He could not reach his lawyer, so he didn't show up in court. When he went to court on his other charge, he asked his lawyer to go to courtxp with him on the original felony. The lawyer said "I don't represent you for that case" and wouldn't go.
A week after he missed the court date, the man was arrested for bail jumping. Given that he appeared in court and tried to take care of the appearance, is that an appropriate charge?
Re: When Can a Missed Court Date be Charged as Bail Jumping
Yes, it's a justified charge -- he should have showed up in court as instructed, even if his lawyer couldn't be present. He also could have contacted his lawyer for that felony charge during the subsequent week, rather than failing to follow up save for a brief discussion with his lawyer from a different case.
Quote:
Quoting K.R.S. Sec. 520.070. Bail jumping in the first degree.
(1) A person is guilty of bail jumping in the first degree when, having been released from custody by court order, with or without bail, upon condition that he will subsequently appear at a specified time and place in connection with a charge of having committed a felony, he intentionally fails to appear at that time and place.
(2) In any prosecution for bail jumping, the defendant may prove in exculpation that his failure to appear was unavoidable and due to circumstances beyond his control.
(3) Bail jumping in the first degree is a Class D felony.