How Failing to Show Up to Court Can Badly Hurt You
Courts serve as pillars of law and order, interpreting and enforcing regulations to uphold societal stability. Recognizing its authority is essential for maintaining the rule of law and ensuring justice prevails. By adhering to court mandates, individuals demonstrate respect for the judicial process and contribute to preserving civil society.
Upholding the court’s authority fosters trust in the legal system and promotes a harmonious, orderly society where all are held accountable under the law. On the other hand, ignoring court proceedings undermines the legal system’s integrity and can have profound implications. Individuals who unwisely choose to avoid the court’s procedures can potentially experience legal repercussions.
What Constitutes Failure to Appear?
Under California law, a failure to appear in court occurs when an individual is required to attend a court proceeding but does not appear as ordered. This failure, referred to as “bail jumping,” can apply to criminal, civil, or traffic cases.
California Penal Code § 1320 addresses the serious legal consequences for individuals who purposefully fail to appear in court after being released from custody. If someone is charged with a misdemeanor and is let go without having to pay bail and doesn’t show up to court at the scheduled date, it’s considered a misdemeanor offense. If the individual doesn’t appear within 14 days of their assigned court date, it’s assumed they’re trying to avoid facing the court’s authority.
Similarly, if someone is charged with a felony and is released without bail but deliberately fails to show up in court, it’s considered a felony offense. The punishment can include a fine of up to $5,000, imprisonment for a specific period, or both. Again, if they don’t appear within 14 days of their assigned date, it’s assumed they’re trying to evade the court’s process.
Essentially, if you’re released from custody without paying bail and skip your court date on purpose, you’re breaking the law. The consequences are severe, whether for a misdemeanor or felony charge.
California Penal Code § 1320.5 deals with individuals charged with or convicted of a felony who are released from custody after paying bail and knowingly skipping a court appearance. If someone pays bail to get out of jail while awaiting a felony trial but then intentionally skips their court date, they’re breaking the law and could face significant penalties.
Specifically, if someone is accused of committing a felony and pays bail to be released from custody, then intentionally fails to arrive for their court date to avoid facing the legal process, they’re committing a felony. If convicted under this law, they could face serious consequences, including a fine of up to $10,000, imprisonment, or both.
To reiterate: It’s important to note that if an individual fails to appear within 14 days of their assigned court date, it’s assumed the action is an effort to dodge the legal system.
Legal Consequences of Failing to Appear
The legal consequences of failing to appear in court can be significant. Some have been addressed above, but additional penalties may include:
- Warrants for Arrest and Bench Warrants: A judge may issue a bench warrant for arresting individuals who fail to appear in court. The warrant allows law enforcement to apprehend and bring the individual before the court.
- Increased Bail Amounts: Defendants who fail to appear may face higher bail amounts or be denied bail altogether.
- Additional Charges and Fines: Failure to appear can result in further criminal charges and fines, intensifying the legal consequences.
- Impact on Future Court Proceedings: Failing to appear can adversely affect future court proceedings and legal matters, leading to unfavorable outcomes and many legal complications.
Defenses Against Failure to Appear Charges
While failure to appear is a serious offense, there are valid reasons for missing a court date. These may include medical emergencies, family emergencies, or other unavoidable circumstances. Defendants have the burden of proving a reasonable excuse for their absence in court. A skilled criminal defense attorney can help craft and apply a defense to your case and advocate on your behalf to help you seek to avoid legal repercussions.
How a Los Angeles Criminal Lawyer Can Help
If you reside in Los Angeles and currently face failure to appear charges, you should seek the assistance of a criminal defense attorney with extensive experience in criminal proceedings. A skilled Los Angeles criminal defense lawyer can assess your case, determine the best defense strategies, and represent your interests in court. Additionally, an attorney can negotiate with prosecutors to mitigate the consequences of a failure to appear and work toward a favorable resolution.
As mentioned, failing to appear in court can have severe repercussions, including arrest warrants, increased bail amounts, and additional legal charges. It’s essential to take failure to appear charges seriously and seek legal representation promptly. Our skilled lawyers can help you through the legal process, explore available defenses, and advocate for the best possible outcome in your case.
If you face failure to appear charges, contact Werksman Jackson & Quinn LLP at (213) 688-0460 for legal assistance and support. Our criminal lawyers are experienced and successful — they can walk into any courtroom anywhere in the country to get you a favorable result.
Contact Us
“We can handle any criminal case.
Anywhere. Anytime.”
What Our Clients Say
Previous Testimonial Next Testimonial- “Alan Jackson is hands down the best attorney we have worked with. Extremely professional, well liked in the court system and respected amongst all legal professionals. Took our calls at any given time and made himself available all the time.” - S.F. From Google Reviews
- “Perpetually impressed by the professionalism, thoroughness, follow through, and expertise that Mark Werksman, his fellow partners, and associates / admin staff all produce whenever I interact with them, professionally.” - Dru S.
- “Kelly is a brainiac. She's a certified criminal law appellate specialist - a rare achievement and qualification- and she fits into a very unique niche in criminal law. Her primary role at her firm (one of, if not THE best criminal defense firm in los angeles) is research and writer...” - Joseph W.
- “Having Alan Jackson as my lead attorney on 3 separate cases (one felony, and two misdemeanors) was the best decision of my life. I was facing 6-8 years in prison, and he was able to have all three charges dismissed. He's got the skills, connections, and the charisma to aid anyone in any situation...” - Anonymous