Federal failure to appear (FTA) and bail jumping charges

What does the law make illegal?

Section 3146 applies to a person who was released under the federal Bail Reform Act, the chapter of the U.S. Code that governs release before trial, before sentencing and during an appeal (18 U.S.C. § 3142). It is a crime for that person to knowingly fail to appear before a court as the release conditions require, or to knowingly fail to surrender to serve a sentence as a court ordered (18 U.S.C. § 3146(a)).

The government generally must prove that the person:

• Was released under the Bail Reform Act, for example on bond or on conditions set by a magistrate judge.
• Was required to appear in court on a certain date, or was ordered to surrender to serve a sentence.
• Did not appear or did not surrender.
• Acted knowingly: the person knew about the requirement and did not show up. An honest mix-up about the date is different from a choice not to go.

A defense written into the law

It is an affirmative defense that uncontrollable circumstances kept the person from appearing or surrendering, that the person did not help create those circumstances by recklessly ignoring the requirement, and that the person appeared or surrendered as soon as the circumstances ended (§ 3146(c)). An "affirmative defense" is one the defense raises and supports with evidence. A hospital stay or a serious accident on the way to court are the kinds of facts this defense is meant for.

Bond forfeiture

Separately from any criminal charge, if a person who signed an appearance bond, or who agreed to forfeit property as a release condition, fails to appear, the judge may declare that property forfeited to the United States (§ 3146(d)). This can happen whether or not a § 3146 charge is ever filed.

Related laws: § 3147 and § 3148

• A new crime while on release, § 3147. A person convicted of an offense committed while released under the Bail Reform Act must get an added prison term of up to 10 years for a felony, or up to 1 year for a misdemeanor, served after any other sentence (18 U.S.C. § 3147). Under the Guidelines this adds 3 offense levels (USSG §3C1.3).
• Revoking release, § 3148. Missing court, or breaking any other release condition, can lead the judge to revoke release and order the person held until trial or sentencing. The judge must find probable cause of a new crime, or clear and convincing evidence of another violation, and then find that no conditions will work or that the person is unlikely to follow them (18 U.S.C. § 3148(b)). The court can also bring a contempt case (§ 3148(c)).

What are the penalties?

• Consecutive sentence: a prison term for failure to appear must be served after the prison sentence for any other offense (§ 3146(b)(2)). The law does not require prison on this count, but if the judge imposes prison, it can't run at the same time as other prison time.
• Mandatory minimum: none.
• Fines: up to $250,000 for a felony, and up to $100,000 for a Class A misdemeanor (18 U.S.C. § 3571).
• Supervised release: up to 3 years for the 10-year and 5-year tiers, and up to 1 year for the 2-year and 1-year tiers (18 U.S.C. §§ 3559(a), 3583(b)).
• Time limit: generally 5 years (18 U.S.C. § 3282), but no statute of limitations runs for a person who is "fleeing from justice" (18 U.S.C. § 3290).

How does sentencing work for this charge?

Failure to appear by a defendant is sentenced under USSG §2J1.6. The starting point depends on what the person failed to do:

When the person is convicted of both the failure to appear and the original offense (other than a failure to report for a sentence), the failure to appear is treated as obstruction of the original case under §3C1.1, and the two are combined into one offense level. The judge then divides the total sentence so that some prison time on the failure-to-appear count runs consecutively, as § 3146(b)(2) requires (§2J1.6, Application Note 3). For a failure to report for service of sentence, the guideline range for that count is figured on its own and the time runs consecutively to the earlier sentence.

Other adjustments can apply, such as a reduction for acceptance of responsibility (USSG §3E1.1). If the person was already sentenced on the original offense, that sentence counts toward criminal history on the failure-to-appear count only in a failure-to-report case (§2J1.6, Application Note 4).

Pending at the Supreme Court. In Beaird v. United States, No. 25-5343, set for argument on October 13, 2026, the Court agreed to decide whether Stinson v. United States (1993) still states the rule for how much weight courts must give the Guidelines’ commentary, the notes that follow each guideline. The answer could affect rules on this page that come from commentary rather than from the guideline text itself.

Guideline numbers on this page are from the Guidelines Manual in effect since November 1, 2025, which no longer uses “departures”: the judge calculates the range, then weighs the factors in 18 U.S.C. § 3553(a). For more depth, see How the federal Sentencing Guidelines work, at Sentencing.net, a Criminal Center site.

Statutes covered on this page

Each federal law this page covers, listed by how often it was a statute of conviction in fiscal year 2025 (U.S. Sentencing Commission data). For each one: the official section heading, what the government must prove, the penalties, and the sentencing guideline the Commission's Statutory Index assigns to it. See all statutes by title and section.

• 18 U.S.C. § 3146

How do these cases usually start and move?

Most failure-to-appear cases start with a missed date in an existing federal case. The judge usually issues a bench warrant, the U.S. Marshals Service looks for the person, and the government may file a § 3146 charge in a complaint or a new indictment, or add it to the existing case. Missing a prison report date is handled the same way.

A missed date also changes the original case. A record of not appearing in court is one of the factors the judge weighs when deciding release (18 U.S.C. § 3142(g)(3)(A)), and a serious risk of flight is a ground for a detention hearing (§ 3142(f)(2)(A)). After an FTA, many people are held until the case ends.

What to do now

• If a court date was missed, a lawyer can arrange for the person to come back before the court. How and when someone returns can affect release decisions and how the judge sees the case.
• Gather proof of why the date was missed: hospital records, notices that went to the wrong address, travel records, messages with the lawyer or pretrial services.
• Don't talk with agents or marshals about the facts of the case before talking with a lawyer.

The usual stages of a federal case

1. 1Investigation. Agents gather records and interview witnesses, often using grand jury subpoenas. Someone the prosecutor views as a "target" may get a target letter before an indictment (Justice Manual 9-11.151, 9-11.153).
2. 2Charges. A federal felony is usually charged by indictment: a grand jury decides in private whether there is probable cause (Fed. R. Crim. P. 6, 7). Some cases start with an arrest on a criminal complaint.
3. 3First appearance and detention. After an arrest, the person goes before a magistrate judge without unnecessary delay (Fed. R. Crim. P. 5). The judge decides whether they are released or held until trial (18 U.S.C. § 3142).
4. 4Evidence and motions. The government must turn over certain evidence (Fed. R. Crim. P. 16). The defense can ask the court to suppress evidence or dismiss charges (Fed. R. Crim. P. 12).
5. 5Plea or trial. Many federal cases end in a guilty plea, which the judge must find knowing and voluntary (Fed. R. Crim. P. 11). At trial, the government must prove every element beyond a reasonable doubt, and a jury verdict must be unanimous (Fed. R. Crim. P. 31(a)).
6. 6Sentencing. A probation officer writes a presentence report, and each side can object in writing within 14 days of receiving it (Fed. R. Crim. P. 32). The judge then decides the sentence under 18 U.S.C. § 3553(a).

More on what to do at each stage: Facing federal charges? What to do now.

What defense issues come up in these cases?

• Knowledge. Did the person actually know about the date? Notices sent to an old address, a date changed at the last minute, or confusing instructions can matter.
• Uncontrollable circumstances. Was there a medical emergency, an arrest in another case, or another event the person couldn't control, and did they appear as soon as it ended (§ 3146(c))?
• Was the person released under the Bail Reform Act? Section 3146 applies only to people released under that chapter.
• Which penalty tier applies. The maximum and the guideline increase both turn on the statutory maximum of the original offense, so that has to be checked carefully.
• Guideline grouping. When the original offense and the failure to appear are sentenced together, the failure to appear is handled through the obstruction adjustment and a combined offense level, not stacked as a separate full range.
• Surrender and release. How the person returned, and what they did while away, can affect release, the guideline range and the judge's view of the case.

Every case turns on its own facts. These are issues to look at, not predictions about how any case will turn out.

What happens after a conviction?

• Appeal. A notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)). Many plea agreements waive the right to appeal, but in Hunter v. United States (2026) the Supreme Court held that a waiver can’t be enforced when doing so would cause a miscarriage of justice, a high bar. See how federal criminal appeals work and federal appeals at Sentencing.net.
• A § 2255 motion. A motion asking the sentencing court to vacate, set aside or correct the sentence, for example for ineffective assistance of counsel. It is usually due within one year after the conviction becomes final (28 U.S.C. § 2255(f)). See 2255motion.com.
• Compassionate release. A motion asking the judge to reduce a prison sentence for extraordinary and compelling reasons, filed after the person asks the warden and either exhausts BOP appeals or waits 30 days (18 U.S.C. § 3582(c)(1)(A)). It can’t be used to attack the validity of the conviction itself (Fernandez v. United States (2026)). See CompassionateRelease.com.
• Clemency. The President can pardon a federal offense or commute (shorten) a federal sentence (U.S. Const. art. II, § 2). See Clemency.com.