Rule 4-701. Failure to appear.

Intent:

To establish a procedure for handling cases in which the defendant fails to appear and fails to forfeit bail.

Applicability:

This rule shall apply to cases in which the defendant’s appearance is not required.

Statement of the Rule:

(1) When a case is filed, the clerk may mail to the defendant a notice indicating the bail amount. If the defendant fails to appear or forfeit the bail amount within fourteen days after receiving a citation, the clerk may increase the bail amount by $50 and mail the defendant a delinquency notice.

(2)(A) If the defendant fails to appear or forfeit the bail amount within forty days after receiving a citation, the court may increase the bail amount by $75 and issue a warrant for failure to appear; a separate offense of Failure to Appear need not be filed.

(2)(B) If the defendant is a juvenile, the court may issue a bench warrant or order to take the defendant into custody. If a bench warrant is issued, a special designation or "flag" shall be placed on the warrant indicating that the defendant is a juvenile.

(3) If a minor fails to appear in juvenile court on a charge which would constitute an infraction if committed by an adult:

(3)(A) The court shall not issue an Order for Detention.

(3)(B) The court may authorize the probation department to file an order to show cause.