Is it legal to jail someone on the charge of “failure to appear” if they were hospitalized at the time of trial?

Asked on November 4, 2011 under Criminal Law, Maryland


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is legal to have someone jailed due to his or her failure to appear at a court hearing where a bench warrant is issued as a result. Eventually the person who failed to attend the hearing is picked up on the outstanding warrant and jailed.

Depending upon the circumstances the person can either post bond or remain jailed where he or she has to attend a hearing to answer why there was a failure to attend the prior court hearing.

A defense would be the hospitalization. Good luck.

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