Failure to appear is an offense for failing to go to court when summoned. The law does not apply to defendants alone, but to anyone the court has ordered to appear. You can miss your court hearing for many reasons, including forgetting or having an emergency. However, regardless of your reason, the crime carries severe penalties, like serving time and paying fines. If you cannot attend or missed the court proceeding and have a valid reason, consider working with a defense attorney to avoid being charged. The section below discusses FTA, its penalties, legal defenses, and what to do to obtain the most favorable case outcome.
An Overview of Failure to Appear (FTA)
Failure to appear is an offense where someone required to show up in California court physically fails to do so.
Your FTA will automatically lead to a judge granting a bench warrant for you to be apprehended. They will also charge you with other additional criminal offenses.
Before the judge sentences you for FTA, the prosecution must prove the following:
- Your original arraignment led to a conviction in California.
- You were later released from detention.
- You willingly failed to attend a scheduled court date.
- You skipped court to evade the court process willfully.
Following your arraignment or entering a guilty plea, you can secure your release from police custody by posting bail. Sometimes, the judge can grant you an own recognizance release (a release that requires no payment).
If the court grants you the own recognizance release you must sign an agreement stating that you will:
- Adhere to all court-imposed conditions.
- Present yourself in court whenever required.
- Stay within the jurisdiction.
These written agreements are necessary, but the court must ensure you sign them. That means the court cannot convict you of FTA if you are released without posting bail and do not sign your own recognizance form.
You could miss your court hearing due to different factors, including:
- You forgot the court hearing date.
- You had no transportation to the court.
- You could not secure childcare.
- The courts changed the dates or addresses and did not inform you.
- The court did not issue any summon.
- You had a medical emergency to handle.
If you miss your court date and do not notify the court within fourteen days, the prosecution will assume you did it deliberately.
When You Are Lawfully Required To Attend Court
Individuals are lawfully required to attend court if they:
- Provide a written assurance to show up in court.
- Receive a subpoena.
- A judge has instructed them to appear in court in a criminal case proceeding.
- Are given a notification to attend court.
Pertaining to subpoenas, it applies to case witnesses who receive subpoenas that inform them they should either:
- Present yourself in court for a court hearing to testify.
- Attend court to present specific documents.
An instance of when a California court can order someone to return to court is when:
- An accused enters a guilty plea for an offense.
- The judge requires a defendant to return to court within weeks of their sentencing.
Penalties for an FTA Offense
The penalties for FTA depend on the statute the prosecutor charges you with. The section below discusses these statutes in detail.
PC 1320
If your original charge was a misdemeanor per PC 1320, then the FTA becomes a California misdemeanor. Its penalties include the following:
- A six-month sentence in county jail.
- A maximum fine of a thousand dollars ($1000).
If the underlying crime was a California felony, FTA becomes a felony per Penal Code Section 1320.5. The penalties include:
- A three-year state prison sentence.
- A one-thousand-dollar maximum fine if your initial release was on your own recognizance (O.R.) and ten thousand dollars if you secure your release with bail.
California Penal Code 853.7
FTA is a misdemeanor if prosecuted per Penal Code Section 853.7 PC. It attracts the following potential penalties:
- A six-month sentence in a county jail.
- A one-thousand-dollar maximum fine.
California Vehicle Code Section 40508 VC
If you fail to attend your court proceeding following a traffic ticket or citation, the violation becomes a misdemeanor. Please note that the misdemeanor stays even when the primary traffic offense was an infraction.
A breach of this law upon conviction can result in:
- Serving six (6) months in California county jail.
- A maximum fine of $1,000.
A conviction can also result in you losing your driving privileges for 30 days.
Penal Code 1320.5
FTA is a felony per PC 1320.5. It attracts the following potential penalties:
- Ten thousand in fines.
- Three years in county jail.
- Three years in state prison.
Can You Expunge Your FTA Conviction?
An expungement releases you from all disabilities and penalties caused by the conviction.
Please note that an expungement does not erase a criminal record from public view. Instead, it modifies your record, and will read “dismissed in the interest of justice.”
Per California PC 1203.4, you could be eligible for an expungement once you have completed your prison sentence or probation. It applies to both felonies and misdemeanor convictions. To expunge your conviction, the court will open it and vacate the initial guilty plea or verdict before dismissing your case.
Some of the benefits of expungement include the following:
- Employment — Many companies and employers run background checks on applicants. Nobody wants to explain the circumstances surrounding their conviction on a job interview or application from many years ago. With an expungement, you do not have to worry about disclosing your past.
- Obtaining financial aid or credit — Lenders also run background checks. Your criminal record could hinder you from acquiring financial aid, even when your criminal history has nothing to do with fraud, theft, or embezzlement.
- Housing —Most landlords are cautious about renting to an individual with a criminal past, irrespective of when the criminal activity happened. With expungement, landlords are likely to rent to you if they discover you do not have a criminal history, opening doors to better and more rental properties.
- It offers peace of mind.
Potential Defenses For the Criminal Charges
Some of the legal defenses you or your attorney can use to fight the FTA criminal charges include the following:
The Act Was Not Willful
Your lawyer can demonstrate that you did not intentionally fail to show up in court. The prosecutor must verify that you had willful motives to miss court. Otherwise, the judge cannot convict you of FTA.
You Had No Intention to Evade Your Court Process
You violate the law when you intentionally fail to appear in court to avoid the judicial process, including your sentencing and trial. If you did not intend to do so and can demonstrate your willingness to participate in every court process, the judge could dismiss the FTA charges.
You had a Good Reason
The prosecution must prove that you ignored the court notice without a valid reason to be convicted. Therefore, under California PC 1214.1, having a reasonable cause for your FTA is an effective legal defense.
Please note that the court will accept the following excuses:
- You did not believe the court attendance was vital because you were confident in your innocence.
- You had pressing matters to attend to on that specific day.
- You did want to attend the court proceeding.
You Did Not Sign any Promise to Attend Court
Sometimes, mistakes occur while dealing with law enforcement or judicial officials, which could lead to confusion. For example, the police can forget to hand out a ticket or citation to the defendant to sign. The prosecution requires the signed promise to appear in court to demonstrate that you failed to appear. That means the judge could dismiss your charges if you did not sign the pledge.
There was an Emergency to Attend to
Emergencies can occur at any time, disrupting your schedule, including the plans to show up in court. It might be that you or a loved one unexpectedly fell sick, and you had to seek immediate medical attention. Some individuals experience car accidents while heading to court. Your lawyer can explain the nature of the emergency to the court and help you obtain a criminal case dismissal.
Offenses Charges Alongside or Instead of FTA
Crimes associated with FTA include the following:
Contempt of Court
Penal Code Section 166 PC forbids contempt of court, which consists of the following:
- Disobeying orders of the court.
- Declining to be sworn as a witness.
- Disrupting a court while it is in session.
Violating PC 166 is a California misdemeanor that attracts a maximum fine of $1,000 and six (6) months in county jail. In many cases, the judge could order community service instead of fines.
Breaching a Restraining Order (Penal Code 273.6)
Violating the terms of a restraining order is a crime.
The offense is a California misdemeanor that attracts a year in county jail. If the crime involves violence, you will be prosecuted for a California felony with three (3) years of incarceration.
How to Contest Your FTA Violation
After being arraigned for a FTA violation, you should do the following:
Obtain a Copy of Your Original Ticket
The traffic clerk can get you a copy of the original ticket if you lost or displaced it.
Ensure You Honor the Court Date
After receiving an FTA notice sent via your mail, you should first take it to court. Then, comply with the instructions on the ticket and locate the customer attendant, who will inform you of the next action.
Defendants are often expected to pay bail, and the court will schedule their arraignment hearing.
Show Up For the Arraignment and Enter a Not Guilty Plea
During this stage, the judge will schedule your arraignment, which you must attend court for the FTA violation. If you decide to contest the charges, you should plead not guilty.
Show Up For Your Court Hearing For the Original Offense and Pay the Fines
An FTA charge is added to the primary charge. You must also settle the original traffic breach through the court by pleading the case, paying fines, or completing traffic school.
Consider an Alternative Case Resolution Method
If the prosecutor has no strong case against you, you can cast yourself at the California court’s discretion and do all you can to face a lighter sentence.
A Bench Warrant and an Arrest Warrant
Upon missing a court appearance, the judge could issue an arrest warrant or a bench warrant. The decision varies based on the original charge.
The bench warrant will lead to the inclusion of your name in the California database, which has severe ramifications on your future interactions with the police. They can apprehend you on the bench warrant, no matter the legal grounds for the experience.
On the contrary, an arrest warrant means that law enforcement are actively looking for you to take you into custody. The police can apprehend you anywhere without any restrictions, and your arrest can occur anywhere and at whatever time.
A bench warrant issued against you carries several potential repercussions unless it is lifted. These consequences include the following:
- Law enforcement agents could apprehend you anytime at home, work or traffic stop.
- Your driving privileges will be withdrew, and you can reinstate them after clearing your warrant.
- If left unremoved, a bench warrant can appear during your criminal background checks performed by lenders, employers, landlords, etc.
- If your release happened before a trial, the bench warrant could lead to the court increasing your bail or revoking it altogether.
The legal repercussions of an arrest warrant are severe and can lead to imprisonment or penalties following a conviction.
Type of Information Included in a Warrant
If law enforcement agents show up at your home or pull you over while driving to enforce an arrest warrant, you will want to inspect the warrant closely. With the assistance of an experienced attorney, you can determine if the arrest warrant is valid. A warrant is considered legally valid if it contains the following information:
- The offense you are alleged to have committed.
- Your name.
- The date on which the arrest warrant was issued.
- The California court, county and city that issued the warrant.
- The judge’s signature assigning the warrant.
The warrant becomes invalid if it does not contain the details outlined above. Your lawyer will provide more guidance on responding to an invalid warrant. They will tirelessly fight the charges and assist you in avoiding severe repercussions.
How to Remove a Warrant
Due to their nature, beach warrants do not expire. They remain on the defendant’s criminal record until the accused’s death unless the court recalls the case. If the warrants expired, they could encourage defendants to attempt to evade the court system or lie about issues in the court system.
Clearing your bench warrant is also called quashing or recalling. Quashing the warrant requires court staff to remove it from the California judicial system.
You should appear in court to recall the warrant. You can also have a lawyer show up in court on your behalf, as long as:
- You did not attend your court appearance.
- You did not make payments related to your misdemeanor crime.
If you violated a court order for a felony, you must attend the court in person.
If you fail to clear your warrant, law enforcers can arrest you and take you to court. After bringing you to court, the court can place you in police custody or release you with a warning.
How an Attorney Can Help Remove Your Warrant
The legal expert will first conduct research to learn whether you should be subject to the bench warrant. If there is a warrant, they can identify the type.
Next, they will develop the most effective strategy to challenge your warrant. Below are some arguments the lawyer can use:
Mistaken identity
- Although you have the same name as the person on the warrant, you are innocent.
- You followed all your probation conditions and were unaware you were supposed to submit proof to the court.
- You mistakenly believed the judge had dismissed the criminal charges.
Typically, the challenge also requires representing you in court. It is easier to avoid incarceration with legal representation.
Contact an Experienced Criminal Defense Attorney Near Me
After your arrest, the court will schedule your court hearings. The court uses its schedule to determine the proceedings’ dates, making it easier for you to forget about them. Whether your hearing’s timing is inconvenient for you or not, you should appear in court. Otherwise, you risk facing criminal charges and penalties and the judge issuing a bench warrant against you. The legal team at The Los Angeles Criminal Defense Attorney understands that emergencies, among other factors, could be legitimate reasons for missing the court date. If the court has already issued a bench warrant, we can discuss the most effective way to handle the matter. If you are charged with FTA, we can partner with you to act fast because your options are limited. Contact us at 310-564-2605 for a free case review.
