RCW 9A.76.170 is the Bail Jump Statute. This statute causes more confusion than probably any other crime. We previously had a blog about bail jump. https://blanfordlaw.com/19-frequently-asked-questions-about-bail-jump-rcw-9a-76-170/. Often people could be charged with bail jumping without even posting bail. Further, you could win on the underlying charge.
For the purpose of this article, we are going to stick to the felony vs. misdemeanor aspect of the bail jump statute. In 2020, the legislature changed the bail jumping statute.
RCW 9A.76.170 states: (1) A person is guilty of bail jumping if he or she:
(a) Is released by court order or admitted to bail, has received written notice of the requirement of a subsequent personal appearance for trial before any court of this state, and fails to appear for trial as required; or
(b)(i) Is held for, charged with, or convicted of a violent offense or sex offense, as those terms are defined in RCW 9.94A.030, is released by court order or admitted to bail, has received written notice of the requirement of a subsequent personal appearance before any court of this state or of the requirement to report to a correctional facility for service of sentence, and fails to appear or fails to surrender for service of sentence as required; and
(ii)(A) Within thirty days of the issuance of a warrant for failure to appear or surrender, does not make a motion with the court to quash the warrant, and if a motion is made under this subsection, he or she does not appear before the court with respect to the motion…
Historically, you saw bail jumps most heavily used in Superior Courts on felonies. What the new statute changes was this provision:
(ii)(A) Within thirty days of the issuance of a warrant for failure to appear or surrender, does not make a motion with the court to quash the warrant, and if a motion is made under this subsection, he or she does not appear before the court with respect to the motion…
This allows the defendant to make a motion within 30 days of the issuance of the warrant avoiding the bail jump.
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