When and Why Failing to Appear in Court in California Can Result in Criminal Charges

Understanding Failure to Appear and Its Legal Requirements in California

In California, a failure to appear in court is a serious matter that can lead to criminal charges. It occurs when an individual is legally required to appear in court but willfully fails to do so. This requirement can arise from a written promise to appear, a subpoena, or a verbal order from a judge. Failure to appear crimes are defined in various statutes, such as California Penal Code sections 1320, 1320.5, and 853.7, as well as in Vehicle Code sections 40508 and 40509.5.

Penalties and Legal Defenses for Failure to Appear in Court

Penal Code 1320 PC makes it a crime for individuals to fail to show up in court if they have been released from custody on their recognizance and are required to appear in court via a court order. Penal Code 1320.5 PC applies when an individual fails to appear in court while on bail. Penal Code 853.7 PC says it is a crime for people to willfully violate their written promise to show up in court. California Vehicle Code 40508 VC makes it a crime to break a promise to appear in court following a traffic ticket or fail to pay bail following a ticket, while Vehicle Code 40509.5 VC authorizes the DMV to suspend a person’s driver’s license for failing to appear in traffic court.

The penalties for these crimes can include misdemeanor or felony charges, custody in county jail or state prison, and substantial fines. However, some good excuses may work as a legal defense against these criminal charges. For example, if the defendant did not fail to appear on purpose or missed court due to an emergency, it may be possible to avoid or reduce penalties.

Legal Requirements for Appearing in Court in California

To avoid facing charges for failure to appear in court in California, it’s important to understand when a person is legally required to appear. Generally, people are required to appear when they give a written promise to appear, receive a subpoena, are ordered back to court by a judge, or are otherwise notified to appear. For instance, a defendant may give a written promise to appear when released from custody on their recognizance, and witnesses may receive a subpoena to testify in a court proceeding or bring certain documents to a court proceeding.

An example of when a person might get ordered back to court is when a defendant pleads guilty to a charge, and the judge orders the party back to court in a few weeks for their sentencing hearing.

Understanding the legal requirements for appearing in court and the consequences of failing to do so can help individuals avoid criminal charges and protect their rights in the California legal system.

What is Failure to Appear in Court in California?

The Consequences of Willful Failure to Appear in Court in California

Failure to appear in court can have serious consequences in California. It is considered a willful act when someone is legally required to appear in court, and they fail to do so. In California, this can result in (1) a bench warrant being issued for the person’s arrest, and (2) additional criminal charges being filed.

When is a Person Legally Required to Appear in Court in California?

People are legally required to appear in court in California when they:

give a written promise to appear,
receive, or are subject to, a subpoena,
are ordered back to court by a judge in a criminal proceeding, and/or
are otherwise notified to appear.
Note that a defendant often gives a written promise to appear when released from custody on his/her own recognizance.

As to subpoenas, these typically apply to people called as witnesses in a hearing or trial. These persons receive a subpoena that tells them they must either appear in court to testify in a court proceeding, or appear so that they can bring certain documents to a court proceeding.

An example of when a person might get ordered back to court is when a defendant pleads guilty to a charge, and the judge orders the party back to court in a few weeks for his/her sentencing hearing.

What are the Consequences of Failure to Appear?

Failure to appear crimes are defined in California Penal Code sections 1320, 1320.5, and 853.7; and in Vehicle Code sections 40508 and 40509.5. The penalties for these crimes can include both misdemeanor charges or felony charges. Penalties may involve custody in county jail or state prison, and/or substantial fines.

Penal Code 1320 PC makes it a crime for people to fail to show up in court when they have been released from custody on their own recognizance and are required to appear in court via a court order. Penal Code 1320.5 PC makes it a crime for people to fail to appear in court when they have been released from custody on bail, and they are required to appear in court via a court order. Penal Code 853.7 PC says it is a crime for people to willfully violate their written promise to show up in court.

California Vehicle Code 40508 VC is the California statute that makes it a crime for a person to break a promise to appear in court following a traffic ticket, or fail to pay bail following a ticket. Vehicle Code 40509.5 VC authorizes the DMV to suspend a person’s driver’s license if he/she fails to appear in traffic court for a ticket or citation.

What are the Legal Defenses for Failure to Appear?

Note that there are a few good excuses for failing to appear in court. These may work as a legal defense against any criminal charges. Two excuses are: the defendant did not fail to appear on purpose, and the accused did not show up in court because of an emergency.