Fill and Sign the Failure to Appear in Court Bail Jumping Nyc Attorney Form

380 70 Failure To Appear (Bail Jumping) 18 USC § 3146 Title 18, United States Code, Section 3146, makes it a Federal crime or offense for anyone who has been released on bail in this Court t o thereafter knowingly fail to appear when required to do so. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant had been admitted to bail pursuant to an order of a Judge or Magistrate Judge of this Court, as charged; and Second: That the Defendant thereafter knowingly failed to appear before a Judge or Magistrate Judge of this Court as required. It is an affirmative defense to a prosecution for failure to appear or " bail jumping" - - and the Defendant would not be guilty - - if (a) uncontrollable circumstances prevented the Defendant from appearing; (b) the Defendant did not [himself] [herself] contribute to the creation of such circumstances in reckless disregard of the requirement t o appear;, and (c) the Defendant then appeared as soon as such circumstances ceased to exist. ANNOTATIONS AND COMMENTS 18 USC § 3146 provides: (a) Offense. - - Whoever, having been released under this chapter knowingly - - (1) fails to appear before a court as required by the conditions of release; or (2) fails to surrender for service of sentence pursuant to a court order. * * * * * (c) Affirmative defense--It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to appear or surrender, and that the person appeared or surrendered as soon as such circumstances ceased to exist. Maximum Penalty: Varies according to severity of the penalty applicable to the most serious charge made in the underlying case. See 18 USC § 3146(b).