civil-procedure arrest judge
Can a judge deny bail for a failure to appear warrant arrest?
<p>If you have failed to appear to court for a civil case and get arrested for failure to appear, is that reason enough to be denied bail until the FTA hearing?</p>

<p>As noted <a href="http://www.legalmatch.com/law-library/article/failure-to-appear-in-court.html" rel="nofollow noreferrer">here</a> and <a href="http://www.familybailbonds.com/resources/failure-to-appear/" rel="nofollow noreferrer">here</a>, there are various consequences of a failure to appear warrant, including being held in jail, and being held without bail. The underlying cause of the FTA warrant can be civil or criminal: failure to appear is itself a crime. However, this may depend on jurisdiction, so in <a href="http://www.jp.hctx.net/criminal/fta.htm" rel="nofollow noreferrer">Harris County TX</a>, "a magistrate must consider allowing you a personal bond", though note that this does not say that you must be <em>granted</em> bail. The relevant federal law on the matter, 18 USC 3142(f) allows for rebutting the presumption of a right to bail, that there is "a serious risk that such person will flee" (as (g) continues, the judge must determine if "there are conditions of release that will reasonably assure the appearance of the person as required", and specifically </p>

<blockquote>
  <p>(3) the history and characteristics of the person, including—</p>
  
  <p>(A) the person’s character, physical and mental condition, family
  ties, employment, financial resources, length of residence in the
  community, community ties, past conduct, history relating to drug or
  alcohol abuse, criminal history, and <em>record concerning appearance at
  court proceedings</em></p>
</blockquote>

<p>where failure to appear would count against one.</p>
