Discover the Potential Consequences of Failure to Appear in Court for Misdemeanor Charges

Discover the Potential Consequences of Failure to Appear in Court for Misdemeanor Charges

When defendants fail to appear in court on a misdemeanor charge, they can face a number of consequences. To learn more, contact a criminal defense attorney by calling Chambers Law Firm at 714-760-4088 for a free legal consultation. You can also keep reading to learn some of the potential consequences.

The Punishment is Largely Contingent Upon the Underlying Charge.

In many places, the criminal prosecution for failure to appear is based on the underlying offense, rather than the failure to appear itself. California is one of the states that fall under this category. Criminal Code Section 1320 PC is the legislation that governs failure to appear for offenders who have been released on their own recognizance without paying bail and have had a court ordered date to appear.

A Misdemeanor Charge Will Be Brought if a Defendant Does Not Appear to Face Misdemeanor Charges

A misdemeanor charge will be filed if the underlying offense is a misdemeanor, and a misdemeanor charge will be filed for failing to appear. Failure to appear in court in the state of California is punished by up to 6 months in county prison. This is in addition to any jail term that may have been imposed for the initial offense.

As an additional sanction, a defendant who fails to appear in court in California may be fined civilly. There is a possibility of a fine of up to $300. In addition, the judge will issue a bench warrant to compel the offender to appear in court.

Bail is Likely to Be Revoked

When it comes to setting bail, the court is likely to be considerably less liberal than usual. This is due to the fact that the defendant has already missed a court appearance. This is likely to be seen by the judge as a signal that the defendant will repeat the act. The judge would very certainly view this as justification for increasing bail in order to ensure that the offender appears in court in the future.

It is important to note that failing to appear in court for a minor charge does not typically have immigration ramifications. According to federal immigration law, some criminal crimes can result in a resident’s deportation. Others render an immigrant inadmissible to the United States. A failure to appear does not fall into either of these categories, and so is not considered a failure. The underlying accusation, on the other hand, might.

Bench Warrants

A bench warrant is a court order that directs police enforcement to arrest and transport a suspect to a court of law. It is comparable to an arrest warrant, with the exception that it is issued by the court system rather than by law enforcement officials.

When a defendant fails to appear for a scheduled court appearance, a bench warrant is often issued by the judge. When the underlying violation was a misdemeanor, such as in some driving under the influence (DUI) instances, police officers are less likely to aggressively execute the order. Instead, they will carry out the order by detaining the defendant the next time they come into contact with him or with her. This is something that happens frequently during a normal traffic stop.

Contact Chambers Law Firm now at 714-760-4088 if you have missed an appearance with the court.

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