A defendant who is released without bail and then fails to appear may not be charged with the offense of failure to appear.

• A. True
• B. False
• C. Only if a bail bond is posted
• D. Only if a warrant is issued

Answer: (B)

Failing to appear is punishable regardless of whether bail was posted. When a defendant is released without bail, they’re still under a court order to appear at future dates. If they fail to show up, that breach of the court’s order can be charged as failure to appear. Bail status does not create or destroy the obligation to attend; the offense stands on the act of not appearing itself. A warrant may be issued to compel attendance and can lead to additional consequences, but the charge of failure to appear isn’t dependent on a prior bail situation.