Starting level and typical ranges
These ranges use the starting level alone, before any of the facts listed below, for someone with no criminal record unless the column says otherwise. Most real cases add levels.
| Starting point | Level | Trial | Guilty plea | Plea + zero-point | Category IV, plea |
|---|---|---|---|---|---|
| What did the person fail to show up for: A court date | 6 | 0–6 months | 0–6 months | 0–6 months | 2–8 months |
| What did the person fail to show up for: Reporting to serve a sentence | 11 | 8–14 months | 4–10 months | 0–6 months | 12–18 months |
What changes the sentence
Each of these facts moves the offense level under §2J1.6. Adjustments that apply to every offense, such as role in the offense, obstruction, a guilty plea and criminal history, come after these.
| Fact | Effect | Rule |
|---|---|---|
| Turned themselves in within 96 hours of the scheduled report time | −5 | §2J1.6(b)(1) |
| Was ordered to report to a halfway house or similar community facility, and did not turn themselves in within 96 hours | −2 | §2J1.6(b)(1) |
| How serious was the charge in the case the person skipped: A felony with a maximum under 5 years | +3 | §2J1.6(b)(2) |
| How serious was the charge in the case the person skipped: Maximum of 5 years or more, but under 15 years | +6 | §2J1.6(b)(2) |
| How serious was the charge in the case the person skipped: Maximum of 15 years or more, or death | +9 | §2J1.6(b)(2) |
Important details
- By law, any prison time for failure to appear runs after, not at the same time as, any other prison sentence (§2J1.6, note 3).
- If the person is convicted of both the original charge and skipping a court date, the failure to appear is handled as an obstruction increase (§3C1.1) on the original charge, and the counts are grouped (§2J1.6, note 3). Failure to report for a sentence is instead calculated on its own.
- The general obstruction adjustment (§3C1.1) is not added on top, unless the person also obstructed the failure to appear case itself (§2J1.6, note 2).
- The sentence for the original charge counts toward criminal history here only when the offense was failing to report to serve a sentence (§2J1.6, note 4).
- The calculator does not apply mandatory minimum sentences set by statute for this offense. If the statute of conviction requires one and it is higher than the range shown, the minimum controls; check the statute or ask a lawyer.
Frequently asked questions
What is the base offense level for failure to appear (bail jumping)?
The guideline for failure to appear (bail jumping) is §2J1.6 of the federal Sentencing Guidelines. Before any adjustments, its starting level depends on the facts: from level 6 to level 11. The table on this page lists each starting point.
What is the guideline range for failure to appear (bail jumping) with no criminal history points and a guilty plea?
Using the first starting point in the table on this page (level 6) alone, a person with no criminal history points who pleads guilty scores 0–6 months, including the 2-level zero-point reduction. The facts listed under “What changes the sentence” can add levels, and the judge can sentence outside the range.
Is probation possible for failure to appear (bail jumping)?
The guidelines allow it at the first starting point in the table: with a guilty plea and the zero-point reduction the range begins at 0 months (Zone A), so prison is not required, unless the offense is a Class A or B felony or the statute rules probation out (§5B1.1(b)). Added facts can raise the range out of Zone A.
Is the calculator accurate for failure to appear (bail jumping)?
It follows §2J1.6 of the Guidelines Manual effective November 1, 2025. It passed 6 review rounds, each comparing every number, rule and label with the manual text, and its last round found nothing to correct. Those reviews were done with AI tools, not by lawyers, and it has not yet been reviewed by an attorney, so mistakes are possible. The guidelines are advisory, and a lawyer who knows the case can tell you what actually applies.
Related offenses
- Paying a WitnessPaid or offered to pay a witness because of their testimonyVerified
- Contempt of CourtDisobeyed a court orderVerified
- Obstruction of JusticeInterfered with an investigation or court caseVerified
- Perjury and Witness BriberyLied under oath, got someone else to, or bribed a witnessVerified
- Impersonating a Federal OfficerPretended to be a federal officer or employeeDraft
- Material Witness Failure to AppearDid not show up in court as a released material witnessVerified