Missing a court date in California can lead to serious consequences, including fines, arrest warrants, and even additional criminal charges. But what if you didn’t skip court on purpose? One of the most important factors in a failure to appear (FTA) charge is intent. If you’re facing this charge, understanding how intent is treated under California law could make a major difference in your defense—and your future.
Here’s what you need to know about how intent affects failure to appear charges and how Law Office of Michael L. Fell can help protect your rights.
What Is a Failure to Appear Charge?
In California, failure to appear (under Penal Code Section 1320 or 1320.5) is defined as willfully failing to show up for a scheduled court appearance. This can apply whether you were out on bail or released on your own recognizance (OR).
Many people assume it’s a black-and-white issue—either you showed up, or you didn’t. But the law is more nuanced than that. To secure a conviction, the prosecution must prove that your failure to appear was willful—that you deliberately ignored the court date.
How Does Intent Factor Into the Charge?
The word “willfully” is critical in failure to appear cases. The law doesn’t punish honest mistakes or unavoidable emergencies. Instead, it targets those who knowingly and purposefully evade the legal process.
Some valid reasons that could challenge the “intent” element include:
- You had a medical emergency and were physically unable to appear
- You never received proper notice of the court date
- You misunderstood the date or time due to unclear communication
- Transportation issues or other unforeseen circumstances made attendance impossible
- You relied on misinformation from legal counsel or court personnel
In any of these scenarios, your attorney may argue that you lacked the specific intent required for a conviction.
What If You Were Released on Your Own Recognizance?
If you were released on OR, the court will have required you to sign a written promise to return. If the terms of that release were unclear, incomplete, or never properly communicated, that could serve as another line of defense.
Attorney Michael L. Fell understands that administrative errors, poor communication, and honest confusion happen more often than people think—and that they shouldn’t automatically lead to criminal penalties.
What Are the Penalties for Failure to Appear?
The consequences for FTA depend on the severity of the underlying case and how you were released. Potential penalties include:
- Misdemeanor charges, punishable by up to 6 months in county jail and/or fines
- Felony charges (for serious underlying crimes), which can add years to your sentence
- Bench warrants for your arrest, which may result in being taken into custody unexpectedly
In many cases, however, a skilled attorney can prevent the situation from escalating—especially if you act quickly.
Why Work with a Former Prosecutor?
Attorney Michael L. Fell brings a unique advantage to FTA defense. As a former Orange County Senior Deputy District Attorney, he understands how prosecutors think and what judges need to see. His ability to negotiate with the prosecution and present evidence of your true intent could help:
- Get the charge dismissed
- Avoid jail time
- Negotiate a favorable plea deal
- Prevent future court complications
Don’t Let a Missed Date Define Your Future
If you’ve been charged with failure to appear, don’t panic—and don’t go it alone. Call (949) 585-9055 to schedule a consultation with Law Office of Michael L. Fell. We’ll evaluate your case, investigate your intent, and build a strong defense to help you move forward. A single missed court date shouldn’t derail your future—and with the right legal help, it won’t.