If you have failed to appear to court for a civil case and get arrested for failure to appear, is that reason enough to be denied bail until the FTA hearing?
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Civil cases don't have bail or failure to appear warrants. You are referencing criminal proceedings, not a "civil case". You may want to edit the question.– ScottApr 27, 2017 at 20:29
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Civil contempt of court is subject to warrant of arrest, if I remember correctly– Thomas HungApr 28, 2017 at 2:58
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1 Answer
As noted here and here, there are various consequences of a failure to appear warrant, including being held in jail, and being held without bail. The underlying cause of the FTA warrant can be civil or criminal: failure to appear is itself a crime. However, this may depend on jurisdiction, so in Harris County TX, "a magistrate must consider allowing you a personal bond", though note that this does not say that you must be granted bail. The relevant federal law on the matter, 18 USC 3142(f) allows for rebutting the presumption of a right to bail, that there is "a serious risk that such person will flee" (as (g) continues, the judge must determine if "there are conditions of release that will reasonably assure the appearance of the person as required", and specifically
(3) the history and characteristics of the person, including—
(A) the person’s character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings
where failure to appear would count against one.
answered Apr 27, 2017 at 22:14
