Bail Jumping Defense Attorney in Kern County

FTA & Failure to Appear Lawyer Bakersfield

Expert Defense Against Failure to Appear, Bail Jumping & Bench Warrant Charges in Bakersfield, Delano, Ridgecrest, Wasco & All Kern County

Arrested for failure to appear or bail jumping in Kern County? You’re facing additional criminal charges on top of your original case, bench warrants, bail forfeiture, increased bail amounts, and potential jail or prison time for simply missing a court date. Whether you forgot your court date, had transportation issues, medical emergency, or intentionally avoided court, failure to appear (FTA) charges under Penal Code § 1320 and § 1320.5 carry serious consequences including new felony convictions and loss of credibility with judges.

Attorney Armando Josué Cespedes provides aggressive bail jumping and failure to appear defense throughout Kern County—Bakersfield, Delano, Ridgecrest, Wasco, Arvin, Shafter, Tehachapi, McFarland, California City, and every Kern County community. Perfect 5.0 Avvo rating with 34 five-star reviews and three consecutive Client’s Choice Awards (2023, 2024, 2025).

Many failure to appear cases involve legitimate excuses—medical emergencies, confusion about court dates, lack of notice, or attorney miscommunication. We fight FTA charges, recall bench warrants, reinstate bail, and protect you from excessive punishment for missed appearances.

Free Confidential Consultation: (888) 315-3326 | Available 24/7 | Hablamos Español

Understanding California’s Bail Jumping Laws

Penal Code § 1320 – Failure to Appear After Release on Bail (Felony)

The Law: Any person released on bail who, with intent to evade the process of the court, willfully fails to appear as required, is guilty of a felony.

Elements Prosecution Must Prove:

1. You were released from custody on bail (OR release or bail bond)
2. You willfully failed to appear in court as required
3. You failed to appear within 14 days after written notice mailed to you by court or your attorney

Penalties:

• State prison: 16 months, 2, or 3 years
• County jail: 1 year (if court grants probation)
• Fines: Up to $5,000
• Sentence runs CONSECUTIVE to underlying offense (added on top of original case sentence)

Critical: PC § 1320 is felony regardless of underlying charge (even if released on misdemeanor).

Penal Code § 1320.5 – Failure to Appear After Own Recognizance Release (Misdemeanor)

The Law: Any person released on own recognizance (OR) who willfully fails to appear is guilty of a misdemeanor.

Difference from PC § 1320:

• PC § 1320: Released on BAIL
• PC § 1320.5: Released on OR (no bail posted)

Penalties:

• County jail: Up to 6 months
• Fines: Up to $1,000
• Added to underlying case

Vehicle Code § 40508 – Failure to Appear on Traffic Citation (Misdemeanor)

The Law: Willful failure to appear on traffic citation.

Penalties:

• Misdemeanor: Up to 6 months jail, $1,000 fine
• Driver’s license suspension
• Civil assessment fees ($300+ added to fines)

Common in Kern County: Thousands of traffic FTA cases annually in Kern County courts.

What Happens When You Miss Court in Kern County

Immediate Consequences

1. Bench Warrant Issued:

• Judge issues warrant for your arrest
• Entered into law enforcement databases statewide
• You can be arrested any time by police (traffic stop, contact, etc.)
• Remains active until you appear in court

2. Bail Forfeited:

• If released on bail bond, bail forfeited
• Bail bondsman loses money
• Bondsman may send bounty hunter to locate you
• Family/friends who posted property lose collateral

3. Increased Bail (If Re-Arrested):

• New, higher bail set
• May be denied OR release
• Held in custody until appearance

4. License Suspension (Traffic Cases):

• DMV notified of FTA on traffic case
• Driver’s license suspended
• Cannot legally drive until resolved

5. New Criminal Charges Filed:

• PC § 1320 or § 1320.5 charges added
• Separate case from original charges
• Additional punishment

Kern County Bench Warrant Enforcement

According to ^[1]Kern County Sheriff’s Department^[1] and ^[2]Bakersfield Police Department^[2]:

Active Warrant Enforcement:

• Outstanding warrants checked during traffic stops
• Warrant sweeps conducted periodically
• Arrests at homes/workplaces
• Cooperation with bail bondsmen

High-Volume Courts: ^[3]Kern County Superior Court^[3] handles thousands of cases monthly:

• Bakersfield courts (Main Justice Building, Metropolitan Courthouse)
• Regional courts (Delano, Ridgecrest, Mojave, Tehachapi)
• High volume of FTA cases, bench warrants

Common Reasons for Missing Court

Legitimate Excuses (Valid Defenses)

Medical Emergencies:

• Hospitalization
• Serious illness
• Injury preventing court attendance
• Mental health crisis

Lack of Notice:

• Never received court notice
• Moved without updating address
• Mail not delivered
• Attorney failed to notify you

Confusion About Court Date:

• Wrote down wrong date
• Multiple court dates confused
• Thought attorney would appear without you
• Believed continuance granted

Transportation/Logistical Issues:

• Car broke down
• No transportation to court
• Family emergency (child sick, death in family)
• Work emergency preventing attendance

Incarceration in Another Jurisdiction:

• Arrested in different county/state
• In custody and couldn’t appear
• Jail didn’t transport you to court

Attorney Miscommunication:

• Attorney said they’d handle appearance
• Attorney failed to notify of court date
• Substitution of attorney confusion

Invalid Excuses (Prosecution Argues)

“I Forgot”:

• Generally insufficient defense
• Shows lack of responsibility
• But may show lack of “willfulness”

“I Didn’t Think It Was Important”:

• Not valid defense
• All court dates mandatory

“I Was Scared”:

• Fear of consequences not excuse
• Actually makes FTA worse

Bail Bonds and Forfeiture in Kern County

How Bail Bonds Work

Bail Bond Process:

1. Arrested, bail set by court
2. Contact bail bondsman (many in Bakersfield)
3. Pay premium (10% of bail amount, non-refundable)
4. Post collateral (property, car title, etc.)
5. Bondsman posts bond with court
6. You’re released with promise to appear

Example:

• Bail: $50,000
• Premium: $5,000 (10%, paid to bondsman)
• Collateral: Equity in home, car title
• Released on bond

Obligations:

• Appear at ALL court dates
• Report to bondsman as required
• Don’t leave jurisdiction without permission

What Happens When You Miss Court

Bail Forfeiture:

• Court declares bail forfeited
• Bondsman liable for full bail amount ($50,000 in example)
• Bondsman has 180 days to produce you or pay court

Bondsman’s Actions:

• Calls you, family, references
• Sends recovery agents (bounty hunters)
• May use force to apprehend (legal in California)
• Brings you to court

Your Liability:

• Owe bondsman full bail amount ($50,000)
• Lose collateral posted
• Family loses property if they co-signed
• Bondsman can sue for recovery

Exoneration (If You Appear): If you voluntarily surrender or are brought to court within 180 days:

• Bail reinstated (forfeiture set aside)
• Must post new bail or remain in custody
• Bondsman doesn’t lose money (but may charge fees)

Kern County Bail Bond Companies

Many bail bond companies operate in Kern County serving:

• Lerdo Justice Facility (Bakersfield main jail)
• Central Receiving Facility
• Delano, Ridgecrest detention facilities

Powerful Defenses to Bail Jumping Charges

1. Lack of Willfulness – You Didn’t Intentionally Miss Court

The Law: PC § 1320 and § 1320.5 require “willful” failure to appear.

What We Prove:

• You didn’t intentionally miss court
• Failure was due to circumstances beyond your control
• No intent to evade court process

Examples:

• Hospitalized on court date (medical emergency)
• Car accident prevented attendance
• Arrested in another jurisdiction
• Family emergency (child rushed to hospital)
• Natural disaster or emergency

Evidence:

• Hospital records showing admission on court date
• Doctor’s note documenting illness
• Police report showing car accident
• Jail records showing custody elsewhere
• Emergency room records for family member

Result: Lack of willfulness = essential element not proven = not guilty of FTA

2. Lack of Notice – You Didn’t Know About Court Date

The Law: PC § 1320 requires you received written notice (mailed by court or attorney) at least 14 days before FTA charged.

What We Prove:

• You never received court notice
• Notice sent to wrong address
• Mail not delivered
• Attorney failed to notify you

Examples:

• Moved, court used old address
• Notice sent to incorrect address
• Mail carrier didn’t deliver
• Attorney withdrew but didn’t inform you of court date

Evidence:

• Proof of address (utility bills, lease showing different address)
• No certified mail receipt
• Postal service records
• Attorney communications showing no notification
• Court records showing address errors

Result: No proper notice = cannot prove willful FTA = not guilty

3. Reasonable Mistake About Court Date

What We Prove:

• You believed court date was different date
• Confusion about continuance
• Wrote down wrong date
• Multiple cases with different dates confused

Examples:

• Court granted continuance but you weren’t notified of new date
• Attorney told you wrong date
• Multiple court cases, appeared at one but not another
• Appeared on wrong date (came day before or after)

Evidence:

• Calendar showing wrong date written
• Communications with attorney about different date
• Court appearance on different date showing good faith
• Continuance records showing confusion

Result: Reasonable mistake = lack of criminal intent = not guilty or reduced charges

4. Medical Incapacity

What We Prove:

• Medical condition prevented court attendance
• Too ill or injured to appear
• Mental health crisis
• Hospitalization

Evidence:

• Medical records
• Hospital admission records
• Doctor’s declaration
• Prescription records
• Mental health treatment records

Examples:

• Heart attack on court date
• Severe flu/COVID preventing travel
• Mental health crisis requiring emergency treatment
• Surgery scheduled on court date

Result: Medical incapacity = valid excuse = FTA dismissed

5. Incarceration in Another Jurisdiction

What We Prove:

• You were in custody elsewhere
• Unable to appear due to incarceration
• Kern County didn’t issue detainer or transport order

Evidence:

• Jail records showing custody on court date
• Booking records from other jurisdiction
• Court records from other case

Result: Impossibility of appearance = FTA dismissed

6. Attorney Miscommunication

What We Prove:

• Attorney said they would handle appearance
• Attorney failed to notify you of court date
• Attorney withdrew without informing you
• Substitution of attorney confusion

Evidence:

• Communications with attorney
• Attorney’s failure to appear records
• Withdrawal of attorney documents
• Your reasonable reliance on attorney

Result: Reasonable reliance on attorney = lack of willfulness

7. Appeared But Not Checked In Properly

What We Prove:

• You actually appeared at courthouse
• Confusion about check-in procedure
• Went to wrong department/courtroom
• Clerk error (didn’t record appearance)

Evidence:

• Parking receipts showing presence at courthouse
• Witness testimony you were there
• Security camera footage
• Other court appearance same day

Result: Actual appearance = no FTA (even if technical check-in error)

8. Voluntary Surrender Within Reasonable Time

Mitigation Strategy: If you missed court but voluntarily surrendered shortly after:

What We Argue:

• Realized mistake and immediately appeared
• No intent to permanently evade
• Good faith effort to correct error
• Minimal delay

Examples:

• Missed morning court, appeared same afternoon
• Appeared next day when realized mistake
• Contacted attorney immediately, appeared within days

Result: Voluntary surrender shows good faith = reduced charges or dismissal

9. Isolated Incident with Otherwise Good Compliance

Mitigation:

• Long history of court appearances on this case
• First missed date after many appearances
• Overall compliance with court orders
• Completed programs, paid fines

Result: Shows lack of intent to evade = reduced punishment

10. Technical Violation (Traffic Cases)

For VC § 40508 Traffic FTAs:

What We Argue:

• Minor traffic infraction underlying case
• Minimal harm from FTA
• Willing to pay all fines immediately
• No criminal intent

Result: Traffic FTA often resolved with fines, no jail time

Recall of Bench Warrant (PC § 1305.4)

How to Recall Bench Warrant

If Warrant Issued for FTA:

Option 1: Voluntary Surrender:

• Turn yourself in to court
• Appear on any court day
• Ask for “walk-through” (quick processing)
• May be released same day or new bail set

Option 2: Attorney Quash Warrant Motion: We file motion to recall/quash warrant:

• Present valid excuse for FTA
• Request warrant recalled
• Request reduced or OR release
• Court hearing on motion

Kern County Process:

• File motion in^[3]Kern County Superior Court^[3] where warrant issued
• Hearing scheduled
• If granted, warrant recalled, new court date set
• Can resolve without arrest

Advantages of Attorney-Negotiated Surrender:

• Arranged court date/time (not arrested randomly)
• Bail negotiated in advance
• May avoid jail time
• Resolves warrant with minimal disruption

Bail Reinstatement

After FTA, If Want Bail Reinstated:

Bail Bond Exoneration: If appeared within 180 days:

• Bondsman motion to set aside forfeiture
• Bail reinstated
• New court date set
• Must post new bail or remain in custody

Factors Court Considers:

• Reason for FTA
• Whether voluntary surrender
• Criminal history
• Flight risk assessment
• Nature of underlying charges

Special Considerations for Different Case Types

Felony FTA (PC § 1320)

Most Serious:

• Released on bail for felony
• Failed to appear
• Felony FTA charge added
• Consecutive sentence to underlying case

Consequences:

• If convicted of underlying felony: 3 years, PLUS FTA: 2 years = 5 years total
• Two separate cases
• Double jeopardy doesn’t apply

Defense Strategy:

• Negotiate dismissal of FTA in exchange for plea on underlying case
• Present compelling excuse
• Show good faith by voluntary surrender

Misdemeanor FTA (PC § 1320.5)

Less Serious:

• Released on OR
• Misdemeanor FTA
• Often resolved with time served

Defense Strategy:

• Negotiate dismissal
• Plea to disturbing peace or infraction
• Credit for time served if held on warrant

Traffic FTA (VC § 40508)

Most Common in Kern County:

• Thousands of traffic FTA cases annually
• License suspension major consequence
• Civil assessments add hundreds in fees

Defense Strategy:

• Reinstate license immediately upon appearance
• Negotiate fine reduction
• Request community service instead of fines
• Avoid criminal conviction (reduce to infraction)

Probation Violation for FTA

If on Probation: FTA violates probation condition “obey all laws” and “appear for all court dates”

Consequences:

• Probation violation hearing
• Possible revocation
• Imposition of suspended sentence
• PLUS new FTA charges

Defense Strategy:

• Coordinate FTA defense with probation violation defense
• Present unified excuse
• Seek reinstatement of probation

Kern County Court Procedures

Appearing on Warrant

Kern County Superior Court Walk-Through:

Bakersfield Courts:

• Main Justice Building: 1215 Truxtun Avenue, Bakersfield, CA 93301
• Metropolitan Courthouse: 1415 Truxtun Avenue, Bakersfield, CA 93301

Process:

1. Arrive early morning (8:00 AM)
2. Check in with bailiff or clerk
3. Wait for calendar call
4. Appear before judge
5. New court date set or case resolved
6. Released or new bail set

Held in Custody:

• Lerdo Justice Facility (main Kern County jail)
• May be held until court date if no bail posted

Regional Courts:

• Delano Courthouse: 1122 Jefferson Street, Delano, CA 93215
• Ridgecrest Courthouse: 325 South China Lake Boulevard, Ridgecrest, CA 93555
• Mojave/Tehachapi: Limited jurisdiction

Attorney Representation

Benefits of Attorney for FTA:

• Negotiate warrant recall without arrest
• Argue for OR release or reduced bail
• Present compelling excuse
• Fight FTA charges
• Coordinate with underlying case
• Appear on your behalf (some hearings)

Consequences Beyond Criminal Penalties

Immigration Consequences

For Non-Citizens:

• FTA can be crime of moral turpitude (fraud/dishonesty)
• May affect immigration status
• Shows disrespect for legal process
• Can affect naturalization applications

Employment Consequences

Job Loss:

• Arrested on warrant at work
• Jail time causing missed work
• Criminal record showing FTA (unreliability)
• Professional licenses affected

Credibility with Court

Lost Credibility:

• Judge views you as flight risk
• Less likely to grant favorable terms in future
• Higher bail on future cases
• Less likely to grant continuances

Financial Consequences

Costs Add Up:

• New bail bond premiums
• Attorney fees for FTA case
• Lost wages from jail time
• Bounty hunter fees (if caught)
• Civil assessments (traffic cases)

Why Choose Tu Defensor Criminalista for Bail Jumping Defense

Warrant Recall Expertise

• Negotiate voluntary surrenders
• File motions to recall/quash warrants
• Minimize time in custody
• Protect from arrest at home/work

Kern County Court Knowledge

• Regular appearances in all^[3]Kern County Superior Court^[3] locations
• Relationships with judges and clerks
• Understanding of local FTA procedures

Valid Excuse Presentation

• Gather evidence of medical emergencies
• Document legitimate reasons for FTA
• Present compelling mitigation
• Prove lack of willfulness

Coordinate with Underlying Case

• Resolve FTA and original case together
• Negotiate package deals with prosecutors
• Avoid consecutive sentences when possible

Bail Negotiation

• Argue for OR release despite FTA
• Negotiate reduced bail amounts
• Reinstate forfeited bail
• Work with bail bondsmen

Immigration Coordination

• Work with immigration attorneys
• Understand immigration consequences
• Negotiate immigration-safe resolutions

Proven Results

• Perfect 5.0 Avvo rating
• 34 five-star reviews
• Three consecutive Client’s Choice Awards
• Numerous FTA dismissals and favorable resolutions

Bilingual Services

• Complete representation in Spanish

Frequently Asked Questions

Contact Tu Defensor Criminalista for Bail Jumping Defense

Bench warrants threaten immediate arrest. FTA charges add years to sentences. Legitimate excuses exist—medical emergencies, lack of notice, incarceration elsewhere. Don’t wait—resolve warrants and fight FTA charges now.

Sources & Legal References

California Government:

• Kern County Superior Court^[3]
• Kern County Sheriff’s Department^[1]
• Bakersfield Police Department^[2]

California Penal Code:

• PC § 1320 (Failure to Appear – Bail)
• PC § 1320.5 (Failure to Appear – OR)
• PC § 1305.4 (Warrant Recall)

California Vehicle Code:

• VC § 40508 (Traffic FTA)

Protecting Your Rights. Recalling Warrants. Resolving FTA Charges Throughout Kern County.