How Wisconsin’s "Bail Jumping" Law Can Stack Charges Quickly

 Posted on August 14, 2025 in Criminal Defense

In Wisconsin, getting arrested for a crime is often just the beginning. If the judge releases you on bail or a signature bond, you will be required to agree to follow specific conditions until your case is resolved. If, however, you break any of those conditions, no matter how minor, you could face another criminal charge called bail jumping.

This offense is one of the most commonly charged felonies across the state. One reason for this is that it can be "stacked" on top of the original charges, then repeated for multiple violations. If you are facing an underlying criminal charge, along with bail jumping charges, your best course of action is to contact an experienced Waukesha, WI criminal defense lawyer.

What is Bail Jumping?

Under Wisconsin Statute Section 946.49, if a person fails to comply with the terms of his or her bond, then if the underlying offense is a misdemeanor, the individual is guilty of a Class A misdemeanor for that failure to comply. If the underlying offense for which the individual is charged is a felony, then the bail offense will be charged as a Class H felony.

The statute states that the charge underlying the bail jumping charge is not a lesser-included offense and that the punishment for both offenses does not violate double jeopardy protection. The prosecution must only prove that the defendant was charged with an underlying crime, received bond, and intentionally failed to comply with the terms of the bond. If the defendant has multiple violations of his or her bond conditions, then there may also be multiple bail jumping charges.

What Are the Penalties for Bail Jumping?

If the original underlying charge is a misdemeanor, then the penalties for misdemeanor bail jumping include up to nine months in jail and a maximum fine of $10,000. If the underlying charge is a felony, then each bail jumping charge has a potential penalty of up to six years in prison and a maximum fine of $10,000. It is worth noting that prosecutors often use bail jumping charges as leverage in plea negotiations for the underlying crime, and these charges can still stand, even when the underlying case is later dismissed.

What are the Most Common Types of Bail Violations?

Every person’s bail conditions are unique to his or her situation, but the most commonly violated bail conditions include:

• Violating no-contact orders with an alleged victim or a witness
• Failing a drug or alcohol test
• Traveling outside approved areas without prior permission
• Committing another criminal offense while out on bail
• Missing a court date

What Does "Charge Stacking" Mean?

Each separate violation of bail conditions can result in a separate count of bail jumping. If a person is facing three underlying criminal charges, then failing a drug or alcohol test could result in three separate bail jumping charges. An individual charged with conspiracy, trespassing, robbery, and aggravated robbery could be out on bond when he or she fails a drug test and misses a court date. At that point, he or she could potentially be charged with eight counts of bail jumping.

Defense Strategies for Bail Jumping

An experienced attorney may be able to challenge whether the violation was intentional. For an unintentional violation, an individual cannot be charged with bail jumping. There may have been a lack of proper notice of the bond conditions, or an emergency or circumstances beyond the individual’s control. Often, a prosecutor will agree to a dismissal of the bail jumping charge or charges in exchange for the defendant’s plea on the underlying charge.  

Contact a Jefferson County, WI Criminal Defense Lawyer

Bail jumping can make an already serious criminal case much worse. You need a Walworth County, WI criminal defense attorney from Bucher Law Group, LLC who understands how to effectively challenge the evidence, negotiate a plea bargain, and protect your future.

After spending 20 years as the Waukesha County District Attorney, Attorney Bucher has a comprehensive understanding of how prosecutors operate. He has litigated thousands of cases, personally handling thousands of serious drug cases and dozens of homicides. To schedule your free consultation, call 262-303-4916.