Is Failure To Appear in Court a Misdemeanor?
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Yes, if you have been summoned to court and fail to appear in court, it is considered a misdemeanor or minor crime depending on your state.
In this blog post, we will discuss the consequences of failing to appear in court and what you can do to protect yourself.
What does failure to appear mean?
Failure to appear (FTA) is a term used to describe when someone does not show up for a scheduled court date.
When you are issued a court summons, you are essentially being given a date and time to appear in court to answer accusations made against you. If you do not show up for your court appearance, the judge can issue a warrant for your arrest.
Failure to appear in court can result in additional penalties, such as increased bail or fines. In some cases, failure to appear can even lead to a jail sentence.
What are the consequences for failing to appear in court?
Bench warrant
A bench warrant is a type of arrest warrant that is issued by a judge when someone fails to appear in court. If you have a bench warrant, it means the court has issued an order for your arrest.
Bench warrants are usually issued for failure to appear (FTA) for a criminal hearing or trial. But, you may also get a bench warrant if you fail to comply with a court order, such as failing to pay a fine or not completing community service.
In most cases, you will be notified of the date and time of your court appearance. But, if you miss your court date, the judge will issue a bench warrant. Once the warrant is issued, law enforcement can arrest you at any time and place.
If you are arrested on a bench warrant, you will be taken into custody and brought before the judge who issued the warrant. The judge will then decide whether to hold you in jail or release you on bail.
If you are released on bail, you will be given a new court date. If you fail to appear for your new court date, another bench warrant will be issued for your arrest.
Jail sentence and finess
The severity of the sentence will depend on the jurisdiction in which you are convicted, as well as the facts of your case. In some cases, you may be able to avoid a jail sentence by paying a failure-to-appear fee.
However, if you have failed to appear in court multiple times, or if you are facing serious charges, you may not be so lucky. In these cases, a jail sentence is more likely. If you are facing charges for failing to appear in court, it is important to speak with an experienced criminal defense attorney who can help you navigate the legal system and protect your rights.
Driver's license suspension
If you fail to appear in court, your driver's license may be suspended and the court will issue a warrant for your arrest. The warrant will typically specify that your driver's license be suspended. This is because the court needs to have some way of ensuring that you will appear for your next court date. If you are stopped by the police, they will run a check on your warrant status and may arrest you if there is an active warrant for your arrest.
What do I do if I can’t make it for my court date?
If you can't make it to your court date, you need to take action. The first thing you should do is call the court and explain the situation. They may be able to reschedule your court date.
If you can't reach the court or they can't reschedule your court date, you need to file a Motion to Continue. This is a form that asks the court to delay your court date. You will need to explain why you can't make it and what date would be better for you.
Conclusion
Failing to appear in court can have serious consequences, including a bench warrant, jail sentence, and driver's license suspension. If you can't make it to your court date, you need to take action by either calling the court or filing a Motion to Continue.
If you are facing charges for failing to appear in court, it is important to speak with an experienced criminal defense attorney who can help you navigate the legal system and protect your rights.
FAQs
Is Failure to Appear in Court a Misdemeanor?
Failure to appear in court can be classified as a misdemeanor or a felony, depending on the jurisdiction and the nature of the original charge. For minor offenses, it may be considered a misdemeanor.
What Happens if You're Charged with a Misdemeanor for Not Appearing in Court?
If you are charged with a misdemeanor for not appearing in court, you may face additional penalties such as fines, a warrant for your arrest, and potentially increased bail amounts. It complicates your legal situation further.
Can Failure to Appear Turn Into a Felony?
Yes, failure to appear for a felony charge or under certain conditions can escalate into a felony offense itself. This often depends on the seriousness of the original charges and specific state laws.
What Should You Do If You Missed Your Court Date?
If you missed your court date, it's crucial to act quickly. Contact the court or your attorney as soon as possible to explain your absence and seek guidance on next steps. This may help mitigate consequences.
Are There Defenses for Failure to Appear in Court?
There are defenses for failure to appear, such as not receiving notice of the court date or experiencing a genuine emergency. Providing evidence for such circumstances can be crucial in defending against these charges.