You can be sent to jail for not appearing in court
There are any number of reasons why a person may not make a court date. Your car may break down, you may become sick, or maybe you just forgot about it. But in certain circumstances, if you don’t appear in court when you have been ordered to do so, your failure to appear can result in a criminal charge — and a stint in either California state prison or county jail.
So when exactly can you be charged with a crime for failure to appear? According to a criminal lawyer Orange County, CA, there are two times that this may occur. First, if you have been charged with or convicted of a California crime and do not appear in court when you have been ordered to do so, you could be charged with a criminal offense. Second, if you promise to appear in court after a traffic ticket or citation and fail to do so, you could be charged with a crime.
There are two types of failure to appear charges in criminal matters, depending on whether you were released with or without posting bail. To be convicted of failure to appear in a criminal matter when you were released without posting bail, the prosecutor must demonstrate that you:
- Were charged with or convicted of a California crime;
- Were released from custody on your own recognizance (without posting bail);
- Willfully failed to appear before the court as required; and
- Did so with the intent of evading the process of the court.
Under this law, it doesn’t matter if the underlying crime was a misdemeanor or a felony — either one can lead to a failure to appear charge. However, you must willfully fail to appear, which means that you purposefully intend to not show up for your court date.
According to a criminal lawyer Orange County, CA, the penalty for this crime depends on the original criminal charge. For misdemeanors, then failure to appear is a misdemeanor offense, punishable by up to 6 months in county jail. If the underlying crime was a felony, the punishment may be a county jail sentence of up to 1 year, or a state prison sentence of 16 months, 2 years, or 3 years.
If you had to post bail to be released, then the charge for failure to appear will be a felony, as the underlying crime will be a felony. It is punishable by imprisonment in county jail or state prison for up to three years.
Finally, if you fail to appear in traffic court after receiving a ticket or citation, you could be charged with a misdemeanor offense. If you willfully fail to appear after signing a written promise to appear — which the police officer will have you do after issuing a traffic ticket — then you can be charged with this crime. It does not matter if you intend to break the law — as long as you willfully miss the court date, you can be charged with failure to appear. This offense is punishable by up to 6 months in county jail.
Keeping track of court dates can be challenging, particularly if you are stressed about the prospect of being incarcerated. Having a skilled criminal lawyer Orange County, CA to represent you can help with all aspects of the process — including making sure that you don’t miss court dates.
If you have been charged with a crime, the Chambers Law Firm is here for you. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an experienced criminal lawyer Orange County, CA.
