Failing to appear after signing a promise to show up in court, receiving a subpoena to appear, or after a judge orders you back in court at a specific date could result in a warrant for your arrest and additional criminal charges. In some cases, it is treated as contempt of court order, which is a criminal offense punishable by time in jail and court fines. If your reason for failing to appear is reasonable, for instance, you had an emergency and did not purposely fail to appear, your criminal attorney can use that in your defense for the court to drop your charges. In this text, we will discuss in detail how vital appearing in court is and what could happen if you fail to appear. For more information and legal guidance, contact an experienced criminal attorney.
The Legal Meaning of Failure to Appear
Failure to appear is a legal term referring to a circumstance whereby you are needed to appear in court for a specific matter, but you fail to show up. It is a crime provided in various sections of California law under Penal Codes 1320, 853.7, 1320.5, and Vehicle Codes 40509.5 and 40508. When you fail to appear, the judge can issue a bench warrant against you, which gives the police an order to arrest and apprehend you in court. Failure to appear could also result in additional charges, which increases the penalties you will likely receive for the underlying offense.
Failure to appear could happen in various situations, including the following:
- You have written a promise to appear in court, but you fail to do so.
- You were given the subpoena to appear in court but failed to appear.
- During a court process, the judge verbally gives you a date on which you must return for the same matter, but you did not show up on that particular court date.
The various legal sections under which failure to appear is provided explain the different situations it occurs in greater detail and the legal implications for those that fail to appear.
For instance, if the police stop you for a traffic infraction, they do not necessarily make arrests. You sign a promise with the traffic police to appear on a particular date for a hearing. The judge can order your arrest if you fail to appear after that. The result could be additional and graver penalties than you previously faced for the traffic infraction.
You could also sign a promise to show up in court if you were arrested for a particular offense, but the judge was kind enough to release you on personal recognizance instead of posting bail. That, too, will result in a bench warrant for your arrest. You could remain in jail until the conclusion of your case if, indeed, the court establishes that you deliberately failed to appear.
You could be a subject of a subpoena if you presented yourself in court as a witness to a particular case. In that case, you receive a subpoena summoning you to court when you can give your testimony or provide evidence that could help the judge determine that case.
A judge could order you back to court if you face a criminal trial and have an ongoing case in a criminal court. Criminal cases take time before they conclude. If you plead guilty to the charges you face, or the judge wants you back to court for a sentencing hearing, it becomes a criminal offense not to appear as ordered.
What Happens When You Fail To Appear
The consequences for your failure to appear will depend on the exact statute you have violated under California laws. In most cases, judges issue a failure to appear warrant for a defendant's arrest once they fail to appear. Let us look at some of the possible consequences based on the exact violation:
California PC 1320
This law prohibits anyone from willfully failing to appear when needed in court. If you face a misdemeanor charge and are granted bail, you will face an additional misdemeanor charge if you fail to appear on the given court date.
If you face an arrest for a misdemeanor in California, you will likely be freed on bail pending the hearing and determination of your case. Criminal court judges sometimes release first offenders on personal recognizance, whereby the defendants are not required to post bail. But subsequent offenders could be required to post cash bail or property bonds for pretrial release. The judge will release you on the condition that you will appear on all court dates without fail. Failing to honor the court date will result in a bench warrant for your re-arrest. Additionally, you will face charges for not appearing.
The penalties for failing to appear under this statute largely depend on the underlying charge. For a misdemeanor charge, you will likely face the following consequences for failing to appear:
- An additional misdemeanor charge on your criminal record
- Punishable by a maximum of six months in jail
Remember that your charges for failing to appear will apply regardless of the outcome of the underlying charge. If the court finds you guilty of the underlying misdemeanor charge, you will receive additional penalties for not appearing. And if the court does not find you guilty of the underlying charge, you will still receive penalties for not appearing in court as ordered.
California PC 1320.5
This statute provides penalties for failure to appear for defendants facing felony charges.
When you face arrest for a felony charge, the judge could grant you bail for a pre-trial release. Bail grants your freedom back before the determination of your case. The judge will give you strict bail conditions that you must abide by while out on bail, including making all court appearances without fail. Failure to appear after being granted bail for a felony case could result in additional felony charges under California PC 1320.5.
Penal Codes 1320.5 and 1320 differ in that the former applies to defendants facing felony charges and have been granted bail. Violating PC 1320.5 is prosecuted as a felony, attracting the following penalties:
- Jail time for a maximum of three years
- Prison time for a maximum of three years
- A fine not exceeding $10,000
California PC 853.7
This statute provides sentencing guidelines for people who violate a promise to appear in court. If you willfully signed a promise to show up and fail to do it, you could face additional misdemeanor charges on top of the underlying charge. The statute mainly applies to defendants released from jail on personal recognizance instead of bail, promising to appear on given court dates but failing to appear.
Here are some examples of situations that could result in additional charges under this law:
- Failing to appear in a court for a ticket even after signing a promise to appear on a particular date
- Failing to show up in court for a conviction hearing after signing a promise to do it
- Skipping a court hearing even after signing a promise to appear at that particular hearing
When that happens, and the court issues a warrant for your arrest, you will appear before a jury once more on charges of failing to appear. In this hearing, the district attorney must prove these elements for the court to find you guilty under this law:
- That you wrote or signed a promise to show up in court
- You gave that promise, and the court lawfully continued the court date
- But you willfully failed to show up
Remember that you act willfully if you act willingly or with purpose. Also, you could be guilty under this statute even if you are innocent of the underlying charges.
Failing to appear under PC 853.7 is a misdemeanor, punishable by:
- A maximum of six months in jail
- Court fines not exceeding $1,000
California VC 40508
The statute provides sentencing guidelines for drivers who fail to appear in court after receiving a ticket or traffic citation.
Generally, California police do not arrest for minor violations like traffic infractions. When a driver violates a particular traffic law, an officer issues them with a ticket or citation with a date on when they should appear in court for a hearing. Tickets and citations to appear are pretty severe even when the underlying violation is lenient. Thus, you could face additional charges if you fail to appear as promised.
The district attorney must prove these elements beyond a reasonable doubt when you appear in court on charges of failing to appear under this law:
- That you received a ticket or traffic citation
- You signed a promise to appear before a judge in connection with that citation
- You willfully failed to appear
Remember that the prosecutor does not need to prove you are guilty of the primary violation. You face charges under this law for breaking a promise to do any or more of the following:
- Show up in court for a hearing
- Show up in court to make bail
- To pay a bail installment
- To pay a court fine within a specific timeframe
- To comply with conditions set by a judge
Violating this law is charged as a misdemeanor, punishable by:
- A maximum of six months in jail
- Court fines not exceeding $1,000
Other consequences could include the following:
- Losing your driver's license for thirty days
- A hold on your driver's license under California VC 40509.
California VC 40509.5
It is the law that permits a state agency to put on hold a driver's license. The DMV can hold your license if you fail to show up in court for a citation or ticket. When your driver's license is on hold, DMV could temporarily suspend your driving privilege until you appear in court or pay the required fines.
For instance, if you ignore a mandatory court appearance for violating VC 21453, running a red light, a traffic court will notify DMV of the same, and DMV will consequently put your license on hold.
You cannot drive anywhere in California with a suspended license. Otherwise, you will face additional criminal charges for operating with a suspended license, punishable by time in jail and court fines.
Excuses You Can Give for Failing to Appear
Failure to appear is a serious crime, resulting in jail or prison time and hefty fines. People fail to appear for various reasons. Some reasons are valid, while the others are not. If you have a good reason for failing to appear, the judge can drop your failure to appear charges and only try you for the underlying charge. Fortunately for you, some excuses are accepted as valid reasons for failing to show up. They can work as your legal defense strategies when facing charges under any of those statutes. These excuses include:
Your Failure to Appear Was Willful
Remember that failure to appear is legally defined as willfully failing to show up in court if you are needed to. It is an act you do willfully, intentionally, or on purpose. The judge will dismiss your charges if that is not the case.
It could be that you forgot the court date or did not receive a notice to appear before a jury. Some people fail to appear because they have an emergency to attend to. The court will drop your charges if you can convince the jury that your actions were not purposeful.
You Did Not Intend to Avoid The Court Process
Failure to appear becomes a crime if you do it to avoid a court process. Some people intentionally skip bail to avoid going through trial and sentencing. If that was not your intention and you can prove your willingness to go through all court processes, the judge will dismiss your charges.
For instance, you could have failed to show up in court because you could not drive yourself there. Your lawyer will demonstrate in court how willing you were to appear but could not do due to a valid reason like that.
You Did Not Sign a Promise To Appear
Sometimes mistakes happen with the police or judicial staff that could bring confusion. For instance, the police sometimes forget to give a citation or ticket to an alleged defendant to sign, and they proceed to hand over the case to a prosecutor. A signed promise is all the judge needs to verify that you indeed failed to appear. If at all you did not sign any pledge to show up, the judge will dismiss your charges.
You Had an Emergency
Emergencies occur all the time. An emergency will affect your plans, including plans to appear before a judge. It could be that you suddenly feel sick, or a close family member fell ill, and you had to rush them to the emergency room. Some people get into road accidents on their way to the courtroom. Your attorney will explain the nature of your emergency and give proof for the court to dismiss your charges.
On the other hand, some excuses will not be accepted for failing to show up in court. Examples include:
- You did not want to appear
- You did not think the appearance was necessary because you believe you are innocent.
- You had more important tasks to do on that day.
What happens When The Judge Issues an Arrest Warrant
The most likely outcome when you fail to appear is that the judge will issue a bench warrant for your arrest. The warrant authorizes law enforcement officers to arrest you. If you do not act immediately after its issuance, the police will arrest you, take you through the booking process, and hold you in jail until the judge gives a different order.
You must try to quash or recall any active warrant for your arrest. It means that you must try to clear it from the system. You or your attorney must show up in court to squash or recall the arrest warrant. But your attorney will only appear on your behalf if the warrant was issued because you failed to appear for a misdemeanor case or make a court fine. But you must appear in court in person if the underlying charge is a felony.
Find a Competent Los Angeles Criminal Lawyer Near Me
Did you or someone you know miss a court date in Los Angeles and are worried about what could happen?
Failure to appear is a severe offense in California, prosecuted as a felony or misdemeanor depending on the underlying charge. The judge will immediately issue a warrant for your arrest when you fail to appear. If arrested and charged, you could face serious consequences, including an additional record in your criminal history. It helps to work alongside an experienced criminal attorney to know what to do and not do after failing to appear. We offer quality legal advice and support at Los Angeles Criminal Attorney. We also fight alongside you for a fair outcome for your situation. Call us at 424-333-0943, and together, let us devise the best strategies to apply.
