Written by
Ramiro Quezada Jr.
Published on
October 24, 2026

If you miss a court date while you are out on bail, the judge can issue a bench warrant for your arrest and declare your bail forfeited. That sounds final, but it usually is not. California law gives a window of time to fix it, and the fastest way to protect yourself is to call your attorney and your bail agent right away and get back in front of the judge.
This guide walks through what happens, step by step, and what you can do today.
When your case is called and you are not there, the judge has a few options. Under California Penal Code section 1305, if a defendant fails to appear "without sufficient excuse," the court must declare the bail forfeited in open court. Under Penal Code section 978.5, the judge can also issue a bench warrant, which is an order for your arrest that police in any county can act on.
The judge does not always do both. If the court thinks there may be a good reason you are not there, Penal Code section 1305.1 lets the judge continue the case to a new date without forfeiting bail or issuing a warrant. That often happens when your attorney is in the courtroom and can explain that you are in the hospital, stuck in traffic, or have a scheduling problem. If you then miss the new date without a good reason, the bail is forfeited and a warrant can issue.
A bench warrant means you can be arrested at any time: during a traffic stop, at work, or at home. If you are picked up, you will usually be booked back into jail and held until you see a judge.
Waiting it out does not make a warrant go away. The longer it sits, the harder it can be to explain to the judge, and the more likely the judge is to raise your bail or keep you in custody when you do come back.
Forfeiture means the court has declared that the bail posted for you is now owed to the court. What that means in dollars depends on how bail was posted:
Forfeiture is not the same as the money being gone the same day. California builds in a period to undo it.
For bail over $400, the court clerk must mail a notice of forfeiture to the bail company within 30 days of the forfeiture. From there, the law gives a 180-day period to resolve it. When notice is mailed, that 180-day period is extended by five days to allow for mailing.
If you appear in court within that period, either voluntarily or in custody after surrender or arrest, Penal Code section 1305(c)(1) says the court must vacate the forfeiture and exonerate the bond. In plain English: the forfeiture is erased and the bond is released.
That is why getting back to court quickly matters so much. It is the clearest path to undoing the forfeiture.
Sometimes. Under Penal Code section 1305.4, the bail company or the person who posted bail can file a motion asking the court for more time, based on good cause. The motion has to include a sworn statement explaining the reasons, and the prosecutor must get written notice at least 10 court days before the hearing. If the judge agrees, the court can extend the period by up to 180 days from the date of its order.
An extension is up to the judge. It is not automatic, and it is not something to count on.
If the forfeiture is not set aside within the allowed period, Penal Code section 1306 directs the court to enter summary judgment against the bail company for the bond amount plus costs. Once that happens, the bail company will look to the people who signed the bail agreement to repay what it owes. If you used a co-signer, our separate guide on co-signing a bail bond explains what that person agreed to.
Missing court can also lead to new criminal charges. Under Penal Code section 1320.5, a person charged with a felony who is out on bail and willfully fails to appear in order to evade the court can face a separate felony charge. The law says a failure to appear within 14 days of the assigned date may be found to have been for that purpose. Whether this applies to your case is a question for your attorney.
If you had a public defender, call the public defender's office for your county and give them your name and case number. If you hired a private attorney, call their office. If you are not sure who represents you, your bail paperwork and court notices usually list the case number and court, and the court clerk can tell you your next steps for getting back on calendar.
If you are still in the early part of your case, our guide on what happens after an arrest in Riverside County covers the process from booking to arraignment, and how bail works explains the basics of release.
This article is general information, not legal advice. For questions about your case, talk to a criminal defense attorney.
If you or someone you love has missed court while on bail, the sooner you call, the more can be done. OnCall Bail Bonds' licensed agents answer 24/7, in English and Spanish, and you can sign paperwork from your phone. Call (951) 339-3801, contact us online, or start bail online.