Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 10. MISCELLANEOUS PROCEEDINGS / CHAPTER 1. Bail / ARTICLE 10. Violations
California Codes

Cal. Penal Code § 1320.5 (2026)

Violations — Bail

✓ current as of May 2026
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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, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment pursuant to subdivision (h) of Section 1170, or in the county jail for not more than one year, or by both the fine and imprisonment. Willful failure to appear within 14 days of the date assigned for appearance may be found to have been for the purpose of evading the process of the court.

Notes of Decisions
Cited in 34 cases (12 in the last 5 years), 1993–2025 · leading case: People v. Earle, 172 Cal. App. 4th 372 (Cal. Ct. App. 2009).
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People v. Earle, 172 Cal. App. 4th 372 (Cal. Ct. App. 2009). · cites it 4× “Upon his return to custody he was apparently charged with, and eventually entered a guilty plea to, willful failure to appear (Pen. Code, § 1320.5). The trial court sentenced him to consecutive terms of four years for assault with intent to commit rape, one year for personal use…”
People v. Sutton, 19 Cal. App. 4th 795 (Cal. Ct. App. 1993). · cites it 6× “(Pen. Code, § 1320.5.) Granted probation, defendant appeals, contending the trial court abused its discretion by admitting evidence of his other crimes, his custodial status, and his exercise of extradition rights.”
People v. Baker, 144 Cal. App. 4th 1320 (Cal. Ct. App. 2002). · cites it 2× “FCR185360) (hereafter case 3), a jury found defendant guilty of failure to appear while on bail (Pen. Code, § 1320.5) and assault with a semiautomatic firearm (Pen.”
People v. Jimenez, 19 Cal. App. 4th 1175 (Cal. Ct. App. 1993). · cites it 4× “Penal Code section 1320.5 provides, "Every person who is charged with 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.”
Michael Jerome Powell v. George M. Galaza, Warden, 282 F.3d 1089 (9th Cir. 2002). · cites it 2× “Powell pled guilty to his felony possession charge on November 23,1994 and was scheduled to be sentenced on February 23, 1995, facing a maximum sentence of four years.”
The People v. Oakley, 216 Cal. App. 4th 1241 (Cal. Ct. App. 2013). · cites it 2× “1), failing to appear (Pen. Code, § 1320.5), and providing false information to a police officer (Pen.”
People v. Baker, 128 Cal. Rptr. 2d 581 (Cal. Ct. App. 2003). “However, the jury convicted defendant of failure to appear while on bail (Pen.Code, § 1320.5). The second trial on the assault charge ended in a mistrial.”
People v. Hunter CA4/1 (Cal. Ct. App. 2023). · cites it 3× “(Pen. Code, § 1320.5.) At trial, the parties stipulated to two facts related to this charge.”
People v. Inzunza CA4/1 (Cal. Ct. App. 2021). · cites it 2× “Code, § 11378; counts 2 and 4), one count of failure to appear while on bail (Pen. Code, § 1320.5; count 3), one count of transportation of methamphetamine for sale (Health & Saf.”
People v. Inzunza CA4/1 (Cal. Ct. App. 2022). · cites it 2× “Code, § 11378; counts 2 and 4), one count of failure to appear while on bail (Pen. Code, § 1320.5; count 3), one count of transportation of methamphetamine for sale (Health & Saf.”
People v. Levine CA1/4 (Cal. Ct. App. 2023). · cites it 2× “Case CR962809 In March 2022, the Lake County District Attorney filed a complaint in case number CR962809 alleging in three separate felony counts that Levine willfully failed to appear in three separate criminal cases, including CR959325 (Pen. Code, § 1320.5), and did so while…”
People v. Espinoza (Cal. Ct. App. 2015). · cites it 2× “The defendant does not understand how the proceedings continued without being present in Court and he would like this case to be considered a mistrial.”
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