The two statutes side by side
| PC 1320 | PC 1320.5 | |
|---|---|---|
| Applies to | Release on own recognizance (OR) | Release on bail in a felony case |
| Level | Misdemeanor if the underlying case was a misdemeanor; felony if it was a felony | Felony |
| Required mental state | Willful failure to appear in order to evade the process of the court | Same — willful, to evade |
| Practical effect | New charge plus a bench warrant | New charge, bench warrant, and bail forfeiture on the bond |
The word doing the work in both is willful. A genuine emergency, a hospitalization, or a notice sent to the wrong address is not the same thing as evasion — but you have to get in front of the court and prove it, quickly.
What happens to the bond
When a defendant on a surety bond fails to appear, the court declares the bond forfeited and the clerk mails notice to the surety and the bail agent. Penal Code 1305 then starts the appearance period — the statutory window during which the bond can be exonerated if the defendant is returned to court or into custody. That period is the reason your bail agent will be calling everyone on the paperwork.
For the family that signed, this is the moment the indemnity agreement matters. What happens if the defendant doesn't appear walks the cosigner through it in detail.
If you already missed a date
- Call your attorney today, not next week. Voluntarily appearing is treated very differently from being picked up on the warrant.
- Call your bail agent. Within the appearance period, a voluntary return can often exonerate the bond and stop the additional charge from being the story.
- Bring documentation of why you missed — hospital records, work orders, anything contemporaneous.
- Do not travel. A bench warrant is enforceable statewide and shows on any contact with law enforcement.