California Penal Code §1320.5 — Failure to Appear While on Bail
Willful failure to appear as required after felony-bail release with intent to evade court process — straight felony punishable by 16 months, 2, or 3 years in county jail plus $10,000 fine and bail forfeiture.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Failure to Appear While on Bail Cases in All LA County Courts
01 — Quick Facts
PC §1320.5 — Failure to Appear While on Bail at a Glance
| Fact | Detail |
|---|---|
| Code | PC §1320.5 |
| Classification | Felony |
| Sentence | 16m, 2, or 3 yrs county jail (§1170(h)) |
| Fine | Up to $10,000 |
| Strike | No |
| Bail Forfeiture | Automatic (§1305) |
01 — What Is PC §1320.5?
What Is California Penal Code §1320.5?
PC §1320.5 Reads:
"Every person who is charged with or convicted of the commission of a felony, who is released from custody on bail, and who in order to evade the process of the court willfully fails to appear as required, is guilty of a felony. Upon a conviction under this section, a person shall be punished by a fine not exceeding $10,000 or by imprisonment pursuant to subdivision (h) of §1170, or by both that fine and imprisonment. Willful failure to appear within 14 days of the date assigned for appearance may be found thereby to have intended to evade the process of the court."
— Penal Code §1320.5
PC §1320.5 is California's failure-to-appear-on-bail statute for felony defendants. It is a straight felony (unlike §1320, which is a wobbler tracking underlying classification). §1320.5 requires (1) felony charge, (2) bail release, (3) willful non-appearance, and (4) intent to evade — with a 14-day rebuttable presumption of evasion intent.
Straight Felony — Not a Wobbler
Unlike §1320(b) which technically tracks underlying classification, §1320.5 is codified as a straight felony because it presupposes felony bail. §17(b) reduction is not available.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §1320.5
The prosecution must prove:
Felony Charge or Conviction
Defendant was charged with or convicted of a felony.
Bail Release
Defendant was released from custody on bail (not O.R.).
Willful Failure to Appear
Defendant willfully failed to appear as required.
Intent to Evade
Failure was with intent to evade court process. §1320.5 creates 14-day rebuttable presumption.
04 — Penalties
Penalties for PC §1320.5 Failure to Appear While on Bail in California
§1320.5 is a straight felony with substantial fine and bail forfeiture.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §1320.5 — Base | PC §1320.5 | 16m, 2, or 3 yrs county jail (§1170(h)) + up to $10k fine | Available | No |
| Bail Forfeiture | PC §1305 | Automatic bail forfeiture on non-appearance | N/A | N/A |
| Concurrent §978.5 (Bench Warrant) | PC §978.5 | Bench warrant on underlying case — extradition risk | N/A | N/A |
| Concurrent §166 (Contempt) | PC §166 | Up to 6 mo county jail | Available | No |
Related Consequences
14-Day Presumption
PC §1320.5
Failure to appear within 14 days creates rebuttable presumption of intent to evade.
Bail Forfeiture
PC §1305
Bail is automatically forfeited to the state upon non-appearance; §1305 relief motion required to reinstate.
Consecutive Sentencing
PC §1320.5
§1320.5 sentence must run consecutively to underlying-case sentence (case law).
Future O.R. / Bail
PC §1275/§1270.1
Prior §1320.5 conviction results in higher bail and O.R. denial on future cases.
Collateral Consequences
- Bail forfeiture — full amount to state (§1305)
- Consecutive sentence required
- Bench warrant with statewide (and often nationwide) extradition
- Bail-schedule enhancement on future cases (§1275)
- O.R. release ineligibility on future cases (§1270.1)
- Firearm lifetime ban (§29800)
- Immigration bond impact
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §1320.5 Failure to Appear While on Bail Charges
§1320.5 requires willfulness AND intent to evade — with a 14-day presumption to rebut.
No Willfulness
Hospitalization, incarceration in another jurisdiction, family emergency, or genuine communication failure with bail agent.
Intent
Rebut 14-Day Presumption
Prompt self-surrender within 14 days defeats intent-to-evade presumption. Bail-agent cooperation supports rebuttal.
14-Day
No Notice
Defective mailing, bail-agent notification failure, or continuance issues.
Notice
Concurrent Custody
If defendant was in custody in another jurisdiction, the failure was not willful evasion.
Custody
Bail Reinstatement (§1305)
§1305 motion to vacate bail forfeiture and reinstate bail on excusable non-appearance.
§1305
Concurrent Sentencing Motion
§1385 dismissal motion where consecutive sentence would be disproportionate.
§1385
Constitutional Sources
07 — Court Process
How PC §1320.5 Failure to Appear While on Bail Cases Move Through Los Angeles Courts
§1320.5 cases involve both criminal FTA prosecution and civil bail-forfeiture proceedings.
- 1
Step 1 — Missed Appearance
Court issues §978.5 bench warrant and orders §1305 bail forfeiture.
- 2
Step 2 — Bail-Agent Search
Bail agent has 180 days under §1305 to locate defendant and prevent bond forfeiture.
- 3
Step 3 — Arrest or Self-Surrender
Defendant arrested on warrant or self-surrenders through bail agent.
- 4
Step 4 — Filing
DA files §1320.5 felony alongside original case.
- 5
Step 5 — Arraignment
Combined arraignment; new bail on both cases.
- 6
Step 6 — Motions
§1305 relief motion (bail agent), 14-day rebuttal, and §1385 dismissal.
- 7
Step 7 — Trial or Plea
Most §1320.5 cases resolve with combined-case plea.
- 8
Step 8 — Sentencing
Consecutive sentence required — §1170(h) county jail.
Los Angeles Courts That Handle PC §1320.5 Failure to Appear While on Bail Cases
§1320.5 cases are handled in LA County felony courts alongside the underlying case.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Failure to Appear While on Bail Defense Attorney
Daniel S. Rubin has defended clients charged with failure to appear while on bail and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §1320.5 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Failure to Appear While on Bail Cases Throughout LA County
See our full Failure to Appear While on Bail defense practice
09 — FAQs
PC §1320.5 Failure to Appear While on Bail Questions — Los Angeles
What is PC §1320.5?
California's failure-to-appear-on-bail statute for felony defendants. Willful failure to appear after bail release with intent to evade court process. Straight felony — 16 months, 2, or 3 years county jail plus $10,000 fine.
How is §1320.5 different from §1320?
§1320.5 applies to bail release; §1320 applies to O.R. release. §1320.5 is a straight felony; §1320 is a wobbler tracking underlying classification.
Is §1320.5 a strike?
No — §1320.5 is not listed under §667.5(c) or §1192.7(c). However, it imposes lifetime firearm ban and mandatory consecutive sentencing.
Will I lose my bail?
Yes — PC §1305 mandates automatic bail forfeiture upon non-appearance. Bail agent has 180 days to locate defendant and vacate forfeiture. If not, the bond is fully forfeited to the state.
Does §1320.5 sentence run consecutively?
Yes — §1320.5 sentence must run consecutively to the underlying-case sentence. §1385 dismissal in interests of justice may allow concurrent sentencing in narrow cases.
Can I self-surrender to avoid §1320.5?
Prompt self-surrender within 14 days defeats the intent-to-evade presumption. It substantially improves negotiating position and may result in §1320.5 dismissal — especially when coordinated through the bail agent within the §1305 180-day window.
Available 24/7 — Free Consultation
Charged with PC §1320.5 Failure to Appear on Bail?
Felony with bail forfeiture and consecutive-sentence exposure. Rubin Law, P.C. arranges self-surrender and pursues dismissal. Free consult (213) 723-2337.