Failing to appear in court on a misdemeanor charge can have significant legal repercussions, including additional criminal charges and financial penalties. This blog aims to outline what happens when someone misses a mandatory court appearance and the potential legal defenses available. Contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
The Legal Definition of Failure to Appear
Failure to appear (FTA) is a criminal offense that occurs when an individual willfully fails to show up for a court-mandated date. This can happen under various circumstances, such as after being released on one's own recognizance, being out on bail, receiving a subpoena, or being explicitly ordered by a judge to return to court. In California, for example, the prosecution must demonstrate several key points to convict someone of FTA, including the intention to evade court by not appearing.
Potential Consequences of an FTA
The consequences of not appearing in court for a misdemeanor charge can be severe and multifaceted. They may include:
- Issuance of a Bench Warrant: A judge can order a bench warrant for your arrest, compelling law enforcement to bring you to court.
- Civil Fines: Judges have the authority to impose fines for missing a court date, which can be as steep as $300 in some jurisdictions.
- Additional Criminal Charges: Failing to appear can result in an independent misdemeanor charge, further complicating your legal troubles.
- Increased Bail: If you're given another opportunity for bail, the amount may be significantly higher to ensure your appearance at future court dates.
In states like California, the charge for FTA is directly influenced by the severity of the underlying offense. For misdemeanors, an FTA could lead to up to six months in jail, aside from any penalties associated with the original charge.
Understanding Bench Warrants
A bench warrant is distinct from an arrest warrant in that it originates from the court rather than law enforcement. It's commonly issued following an FTA and can lead to your arrest during routine police interactions. The nature of the underlying offense often determines how actively law enforcement pursues the execution of a bench warrant.
FTA for Felony Charges
The stakes are even higher if the FTA relates to a felony charge. Under California law, for instance, skipping a court date for a felony can result in up to three years in jail or prison, along with possible fines up to $10,000. Additionally, bail posted may be forfeited, adding a financial burden to the legal consequences.
Traffic Tickets and FTAs
Even missing a court date for a traffic ticket can escalate to a misdemeanor charge, with penalties including jail time and substantial fines. This underscores the importance of taking all court-related matters seriously, regardless of their initial appearance of severity.
Legal Defenses Against FTA Charges
Fortunately, there are defenses available to combat FTA charges. The most effective defense often hinges on proving the absence was not willful—meaning, you didn't intentionally skip your court date. Circumstances like inadequate notification of the court date or genuine forgetfulness can serve as a basis for defense. A knowledgeable attorney can navigate these nuances to argue your case effectively.
For anyone facing an FTA charge or the consequences of missing a court date, it's crucial to seek legal counsel. Law Office of Michael L. Fell offers experienced defense strategies tailored to your unique situation. To discuss your case and explore your options, contact us at (949) 585-9055. Remember, the right legal support can make a significant difference in the outcome of your case.