Failure to Appear for Your Court Date in California

What Happens If I Miss My Court Date?

If you miss your court date in California, you can be charged with the crime of failure to appear. A failure to appear charge can result in your immediate arrest, and additional charges and penalties may stem from you skipping a court appearance. However, you typically can argue you did not willfully miss an appointment with the court or that you had a genuine emergency.

What Are the Legal Requirements for Court Appearances?

In California, you are legally required to appear before a court if:

  • You received or are the subject of a subpoena;
  • Are ordered to return to court during a criminal proceeding by a judge;
  • Have given a written promise to appear; or,
  • Receive any other notice that you need to appear.

Any time you are released from jail on your own recognizance, you make a written promise to appear. Note that you do not have to be the one charged with a crime in the court’s proceedings to be required to appear. People who are called as witnesses during a hearing or trial may be subject to a subpoena, which legally requires them to show up to court.

What Are the Punishments if You Miss Your Court Date?

If you are subject to a valid requirement to appear in court, missing the date can have consequences. If you are a defendant in a criminal trial, the judge may issue a bench warrant. The bench warrant automatically authorizes your arrest so they can compel you to appear before the judge.

Even if you are not accused of crimes, skipping court can lead to charges against you. Most cases of failure to appear will be charged as misdemeanors, but some instances can be felony offenses.

The maximum penalties for misdemeanor failure to appear include up to six months in county jail and a $1,000 fine. If you end up facing felony charges for missing a court date, the longest sentence available is for three years in state prison.

Additionally, if you miss court for a traffic citation or ticket, the DMV can place a hold on your driver’s license, which can result in a temporary suspension of your right to drive until you resolve the ticket.

Can You Justify Missing a Court Date?

There are legal arguments you can use to defend yourself against charges for failure to appear. Because you must willfully intend to evade the court’s requirements to be convicted on criminal charges, you can always argue that you:

  • Did not purposefully miss your court date;
  • Were not trying to avoid the court process; or,
  • You never signed an agreement to appear in front of the hearing or trial.

Whether or not these arguments work will depend on the facts of your case. If you do not have a criminal history and are not accused of any crimes, you are less likely to be punished than someone with multiple previous convictions or an individual who skipped bail as the defendant in a criminal case.

Finally, you can defend yourself by arguing that an emergency prevented you from showing up to your court date. However, only true emergencies will qualify. You cannot choose some other activity instead of reporting to court.

If you have missed a court date in Westminster, California, the Chambers Law Firm can help protect your freedom. Our seasoned team of criminal defense lawyers can help you resolve bench warrants and defend against failure to appear charges. Call us now at 714-760-4088 or email dchambers@clfca.com to schedule a free, no-obligation case consultation.

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