Learn how you can avoid being charged with this crime from a Los Angeles defense attorney.
Failure to appear is a common charge in the California criminal justice system. Yet many people involved in the system do not understand exactly when they can be charged with this separate crime. Knowing more about this crime can help you avoid this charge if you are already facing a criminal offense.
The crime of failure to appear is charged: (1) if you have already been charged or convicted of a crime in California, (2) you are released from custody, and (3) you willfully fail to appear in court when required to do so, in order to evade the process of the court. The California penal code sets out two charges for failure to appear based on whether a defendant has been released on their own recognizance or on bail.
A defendant could be charged with failure to appear in any number of ways. If a person is charged with a relatively petty crime, such as disorderly conduct, he may be released on his own recognizance, and instructed by the court to return to be sentenced at a specific date. If he does not show up at the sentencing hearing, he can then be charged with failure to appear. Alternatively, a defendant could be charged with a more serious crime, such as assault with a deadly weapon, and might be released on bail due to the nature of the crime. This person may choose to flee the state instead of showing up at trial. As a result, he may forfeit his bail and be charged with failure to appear.
As a skilled Los Angeles defense attorney can tell you, the consequences for a failure to appear charge depend on the underlying criminal charge. If you have been charged with a California misdemeanor and are released on your own recognizance, then failure to appear is a misdemeanor charge. The penalties for this charge include a fine of up to $1,000 and up to six months in county jail. However, if you are charged with a felony and are either released on bail or on your own recognizance, then failure to appear will be a felony charge. If you were released on your own recognizance, then you will be facing a fine of up to $5,000, up to one year in county jail and/or a prison sentence of up to three years. If you were released on bail, you could be sentenced to a fine of up to $10,000, up to one year in county jail and/or up to three years in prison.
There are potential legal defenses to failure to appear charges. For example, a Los Angeles defense attorney could argue that you did not willfully fail to appear when you were required to do so. You may have been sick or in the hospital when your court date arrived, or there may have been other circumstances beyond your control that prevented you from coming to court. Your lawyer can work with you to put together a defense to the charge of failing to appear.
If you have been charged with failing to appear or any other crime, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com. Our experienced Los Angeles defense attorneys can help you achieve the best possible outcome for your case.
