Failure to Appear in Court - Penal Code 1320 PC
Failing to appear in court in California is not just a minor issue, but a serious offense that can result in a bench warrant for your arrest, additional misdemeanor or felony charges, and penalties such as jail, fines, and license suspension.
To avoid these consequences, it is essential to act on your hearing before the deadline or to request a court hearing if you had a valid reason for missing your court date.
To request a court hearing, you typically need to contact the court as soon as possible after missing your court date and provide a valid reason for your absence. The court will then decide whether to grant your request for a new hearing.
When you're scheduled to appear in court, unexpected circumstances might prevent your attendance. Understanding the possible consequences in these situations is essential. In California, a "failure to appear" refers to a scenario where a person who is legally obligated to appear in court intentionally fails to do so.
Failure to appear crimes, often referred to as "FTP," are outlined in various sections of the California Penal Code and Vehicle Code, as discussed below.
Bench Warrant for Your Arrest
If you knowingly do not appear, a judge will usually issue a bench warrant for your arrest, and you might face further criminal charges. The obligation to appear in criminal court generally arises after the following:
- The judge ordered the individual to appear again at a later court date.
- You signed a written promise to appear,
- You were issued a subpoena for a court appearance.
A failure to appear can be classified as either a misdemeanor or a felony, depending on the specific charges against you. A misdemeanor is a less serious offense than a felony.
Misdemeanor charges for failure to appear typically result in less severe penalties, such as fines or shorter jail sentences. In comparison, felony charges can lead to longer prison sentences and higher fines.
Which Penal Codes Cover a Failure to Appear in Court?
- Penal Code 1320 PC addresses individuals released on their own recognizance, making it a crime to fail to appear.
- Penal Code 1320.5 PC applies to those who fail to appear in court after being released on bail.
- Penal Code 1214.1 PC imposes a fine on individuals who do not appear in court for a court-ordered criminal proceeding. It specifies that anyone who intentionally fails to attend court will be fined $300.
- Penal Code 853.7 PC establishes that intentionally breaking a written promise to appear in court is a misdemeanor offense.
Failure to Attend Court for a Traffic Violation
Although missing a court date for a traffic violation isn't specified under the California Penal Code, it remains a crime. This includes failure to appear for a speeding ticket, driving uninsured, DUI, reckless driving, and similar offenses.
Instead, Vehicle Code 40508 VC is the relevant law that applies when a person fails to appear in court for a traffic ticket. If convicted, this violation is classified as a misdemeanor and may lead to:
- Six months in county jail, and/or
- A fine of up to $1000; and/or
- Your driver's license is suspended.
Vehicle Code 40509.5 VC imposes an extra penalty if a person violates Vehicle Code 40508 VC.
It authorizes the DMV to suspend a person's driver's license if they fail to appear in court for a traffic citation, resulting in the suspension of their driving privileges until the fine is paid. The specific penalties for failing to appear in court will vary depending on the initial charge.
Misdemeanor FTA
If your initial charge was a misdemeanor, then failing to appear will also be classified as a misdemeanor. Possible penalties include:
- Up to six months in county jail; or
- A fine not to exceed $1000; or
- Both imprisonment and a fine.
Felony Charge FTA
Similarly, if your original charge was a felony, failing to appear will also be classified as a felony. Penalties for failure to appear may include:
- A maximum fine of $5000 if you are released on your own recognizance and up to $10,000 if released on bail; or
- Up to 3 years in state prison; or
- Both imprisonment and the fine.
What Distinguishes an Arrest Warrant from a Bench Warrant?
If you do not appear in court, the judge may issue a bench warrant or a criminal arrest warrant. The specific action will depend on your initial reason for appearing in court.
A bench warrant leads to your name being recorded in a database.
If you come into contact with the police later, they could arrest you based on the bench warrant, no matter the reason for the encounter.
Conversely, a criminal arrest warrant shows that law enforcement is actively trying to locate and detain you.
There are no restrictions on when or where the arrest could happen—whether it's in the middle of the night, at your home, or at your workplace. It doesn't matter.
Potential Legal Defenses to Failure to Appear in Court
If you were accused of failing to appear in court, our California criminal defense lawyers may be able to help reduce or dismiss the charges. The most common defenses are as follows:
- No willful act: We may select two defenses based on the statutes' wording. The first could be proving that the defendant did not "willfully fail to appear." To establish a defendant's guilt under these statutes, the prosecution must demonstrate that the defendant intentionally intended to miss the court date. Without proof of this intentional element, a conviction may not be possible.
- No attempt to evade the court process: Second, our defense attorneys could argue that the defendant did not have the intention to evade the process of the court.' In other words, without this intention, the defendant would not be guilty of the violation. These are examples of situations that could be considered valid defenses.
- Good cause: Under Penal Code 1214.1 PC, a potential defense is that the defendant had a "good cause" for not appearing. This defense is effective because the prosecutor must prove that the defendant ignored the notice 'without good cause.' For instance, an emergency could serve as a valid "good cause,' depending on the specific situation.
Suppose you are accused of failing to appear in a California criminal court. In that case, The Hedding Law Firm can provide you with the best chance for a favorable outcome, giving you hope and confidence in your legal situation.
Related Content:
