Failure to appear is a crime that involves failing to attend court hearings when ordered to do so. The law applies not only to offenders but also to every person the judge orders to appear in court. There are many reasons you can skip court hearings, including emergencies or forgetting. However, failure to appear in court is an offense that attracts severe penalties unless you have a valid reason for missing the court date. Some of the penalties you can face include paying hefty fines and serving a jail term. Work with a skilled criminal defense attorney if you cannot show up for court hearings or have a valid reason. Your attorney can communicate with the court on your behalf to help you avoid charges.
Understanding ‘’Failure To Appear In Court’’
Failure to appear is a crime where an individual required to attend court proceedings in person fails to do so. Your failure to appear will result in a bench warrant being issued for your arrest. This could also trigger additional criminal charges. The prosecutor must prove the following elements before the judge sentences you for missing court proceedings:
- Your initial arraignment resulted in a conviction.
- You were later set free from custody
- You deliberately refused to show up for court-set dates
- You missed court to escape the court process intentionally
You can be released from custody by posting bail after your arraignment or by entering a guilty plea. In some situations, you can be released on your own recognizance, meaning you do not need to post bail. You must enter an agreement stating the following if the judge grants you the release on your own recognizance release:
- You will remain within the jurisdiction
- You will show up in court in person whenever needed
- You will follow all the conditions imposed by the court
The judge will ensure you sign the above commitments because they are necessary. You will not be convicted for failing to appear for a bail release. The court will also not sentence you for failure to appear if you do not sign your own recognizance form.
The following are some of the circumstances that can make you fail to show up in court:
- You had a medical emergency to attend to
- The judge did not serve you with any order to appear
- The judge changed the court dates or addresses, but you were not notified
- You were unable to access childcare for your child
- You had no fare to court
- You forgot the date of the hearing
The court will assume you intentionally skipped the hearings if you failed to appear and did not inform the court within 14 days.
When You Are Legally Required To Show Up In Court
You are legally required to show up for court hearings if you:
- You are informed that you are needed in court
- You are ordered by the court to show up in court for your criminal proceedings
- Received a subpoena
- Promised in writing that you will attend court hearings
A subpoena applies to situations where a witness received a subpoena notifying them to:
- Show up in court to present certain documents, or
- Show up in court to testify
The judge can order you to return to court if you enter a guilty plea to a crime, or if the judge requires you to return within weeks for sentencing.
Penalties For Failure To Appear
The court will impose penalties on you based on the law the judge applies. You can be sentenced under the following laws:
Penal Code 853.7
Failure to appear is often outlined under Penal Code 853.7 as a misdemeanor. This offense could attract the following penalties:
- A fine that does not exceed $1000, and
- A jail term that does not exceed six months in a county jail
Penal Code 1320
You could face misdemeanor charges if your initial charge was a misdemeanor under Penal Code 1320. The following are the penalties you can face under this law:
- A fine that does not exceed $1000, and
- A jail term that does not exceed six months in a county jail
Penal Code 1320.5
You could face felony charges for failure to appear under Penal Code 1320.5. The court will grant you bail for a pre-trial release if you are convicted of a felony. Bail allows you to return home before your case is decided. You will face strict bail conditions that you must follow, including showing up in court without fail. The judge can impose additional felony charges under this law for failure to appear if you are released on bail for a felony case. Violating Penal Code 1320.5 can attract the following penalties:
- A fine that does not exceed $10,000
- A jail term that does not exceed three years in a state prison
Vehicle Code 40508
VC 40508 covers motorists who fail to appear in court after receiving a ticket or traffic citation. You will not be arrested in California for minor offenses, such as traffic infractions. The police will issue you a ticket or citation if you are stopped for breaking a particular traffic law. The citation will list the date you should appear in court for a hearing. Citations and tickets to appear are serious, even if the purported offense is lenient. The court will impose additional charges if you fail to appear as promised.
The prosecutor must prove the following elements beyond a reasonable doubt when you attend court on charges of failing to appear under this law:
- You received a ticket or traffic citation
- You signed an agreement to appear in court in connection with the citation
- You deliberately missed the court hearings
The prosecutor does not need to show that you are guilty of your initial violation. The court will convict you under VC 40508 for failing to honor your promise to do any of the following:
- Attend court proceedings
- Appear in court to request bail
- To comply with the court-set conditions
- To pay a court fine within a designated period
- To pay a bail installment
You can face the following penalties for violating this law:
- A fine of up to $1000, and
- A jail term that does not exceed six months
Other repercussions can include:
- A hold on your driving privileges according to VC 40509
- Suspension of your driver’s license for a period that does not exceed 30 days
Vehicle Code 40509.5
A state agency is authorized by law to suspend a driver’s license. If you fail to appear in court for a ticket or citation, the DMV can suspend your license. Your driver’s license will be suspended temporarily if it is put on hold. The suspension will only be lifted after you appear in court or pay the required fines.
A traffic court will inform the DMV, which will, in turn, put your license on hold if you ignore a court appearance for a violation of VC 21453 or running a red light. You will not be allowed to drive anywhere in California if your driver’s license is suspended. Driving on a suspended driver’s license can trigger additional criminal charges, punishable by court fines and a jail term.
Whether You Can Expunge Your Failure To Appear Conviction
You will be released from all penalties and disabilities caused by the conviction if you secure an expungement. However, an expungement does not erase your criminal record from public view. It only changes your record to read "dropped in the interest of justice." You will qualify for an expungement under Penal Code 1203.4 if you complete your probation or prison sentence. This applies to both misdemeanor and felony convictions. The judge will expunge your conviction by opening it, vacating the original guilty plea, or ruling before dropping your charges.
The following are some of the advantages of an expungement:
Housing
Most homeowners are cautious about renting their homes to people with a criminal record, regardless of when the crime was committed. An expungement will enable you to rent a house if the landlord establishes that you do not have a criminal record.
Obtaining Financial Aid or Credit
Lenders will also do background checks. A criminal record can prevent you from securing financial aid, even if your criminal record has nothing to do with embezzlement, fraud, or theft.
Employment
Most prospective employers and companies do background checks on applicants. It is overwhelming to explain the circumstances surrounding your conviction during a job interview. However, you will not be worried about revealing your past if your conviction is expunged.
Defenses For Failure To Appear Criminal Charges
The following are some of the defenses you can use to fight your failure to appear for criminal charges:
You Had An Emergency To Attend To
An emergency can occur anytime. This can significantly interfere with your schedule, including plans to attend court proceedings. Your loved one can fall sick abruptly, and you have to rush them to the hospital for medical attention. You can also get involved in an accident while going to court. With the help of an attorney, you can explain the nature of the emergency you had to the judge. Your case will be dropped if your explanation convinces the judge.
You Did Not Enter Into Any Agreement To Show Up In Court
Sometimes you can make mistakes when dealing with the police or judicial officials. For example, the law enforcement officers can forget to give you a ticket or citation to sign. The prosecutor must produce a signed agreement to appear in court to prove that you failed to appear in court. Your case can be dropped if you did not sign the agreement.
You Had A Good Reason
The prosecutor must provide substantial evidence that you ignored the court notice without a valid reason for you to face charges. Having a reasonable cause for your failure to appear is a good defense under Penal Code 1214.1. The following are the only excuses that are admissible in court:
- You did want to attend the court trial
- You had pressing issues to solve that day
- You were not aware that court attendance was important because you were confident in your innocence
You Had No Intention of Skipping Your Court Proceedings
It is an offense for you to intentionally fail to appear in court for your trial and sentencing. The judge will drop your charges only if you did not intend to do so and can prove your willingness to attend every court hearing.
Your criminal defense attorney can prove that you did not deliberately fail to attend your court hearings. The prosecutor must also provide enough evidence that you had willful motives to skip your court dates.
A Bench Warrant And An Arrest Warrant
The court will issue a bench warrant or an arrest warrant against you if you miss a court appearance. The judge’s ruling varies based on the initial case. Your name will be entered in the California database if a bench warrant is issued against you. This will have serious ramifications for your future interactions with law enforcement. The police can arrest you based on a bench warrant, regardless of the legal grounds for the arrest.
An arrest warrant means that the police are actively pursuing you to put you behind bars. Law enforcement can arrest you anytime, anywhere, with no restrictions.
A bench warrant will attract various consequences unless it is lifted. Some of the repercussions include:
- The police will arrest you anytime at work, at home, or during a traffic stop
- Your driver’s license will be withdrawn, and it can only be reinstated after clearing your warrant
- A bench arrest warrant can pop up during a criminal background check
- A bench warrant can increase your bail if the release occurred before a trial
Find a Criminal Defense Attorney Near Me
Failing to appear is often a misdemeanor under California PC 853.7 and can result in the issuance of a bench warrant, fines, and jail time. For a felony offense, you could face a punishment of up to three years' imprisonment. Failure to appear is considered contempt of court. Other potential penalties for failure to appear include a driver’s license hold, new criminal charges, and bail forfeiture.
If you prove a good reason for missing court, like an emergency, incarceration, or hospitalization, the court can drop your charges. Our attorneys at the Law Office of Sara L. Caplan can help if you or a loved one faces failure-to-appear charges in Los Angeles. Contact us at 310-550-5877 to speak to one of our attorneys.
