Failing to appear in court can have serious consequences. If you do not show up in court on the day and time you are required to, a judge can issue a warrant for your arrest. If you have missed your court date, you need an experienced Tustin failure to appear lawyer to help you clear up the issue. If a warrant has been issued, your attorney can assist you in turning yourself in rather than being arrested by police and brought before the court. Our team of skilled criminal defense attorneys could appear with you in court and make sure your side of the story is heard. We could help clear your name and protect your dignity and good reputation.

When is Someone Legally Required to Appear in Court?

There are a few reasons why an individual may be required to appear in court. Someone is legally required to appear when they give a written promise to appear, they receive or are subject to a subpoena, or a judge orders someone back to court. Subpoenas are typically issued for two reasons. Either someone is required to appear in court to testify or they must bring certain documents to a court proceeding.

Failing to Appear Can Result in Serious Consequences

California Penal Code 1320 PC makes it a crime for someone to miss a scheduled court date. If you do not go to court when ordered to do so, you could be charged with failure to appear or contempt of court. Both of these crimes are misdemeanors and may have substantial penalties.

In addition to being charged with a crime, missing a court date also may result in:

  • Bench Warrant – The judge can issue a warrant for your arrest, and you can be taken into custody at any time. If you are arrested in a public place, it can be an embarrassing experience. Once you are in custody, you may be required to stay in jail until your next hearing.
  • Jail – Failing to appear can result in jail time, depending on the nature and severity of the charges you are facing.
  • Fines –The fine amount depends on the nature and severity of the crimes you have been charged with.
  • Bond Revocation – If you previously did not have to post bail, the judge could change the conditions of your release and add this requirement. Additionally, if you previously posted bail, the judge could increase the bail amount. Lastly, the judge could require you to stay in jail until your next hearing.

A local attorney could help someone minimize the potential penalties they are facing for failing to appear in court.

Defenses for Missing a Court Date in Tustin

Many people believe that not receiving a notice to appear in the mail is a valid defense. However, this is not true. It is your responsibility to provide the court with an updated address. If you did not receive a notice because you moved and did not inform the court, this would not excuse your failure to appear.

However, if circumstances beyond your control prevented you from appearing, this may be a valid defense. Some examples are an accident, serious illness, or natural disaster. A lawyer in the area could determine what defense strategy may be applicable a failure to appear charge.

Contact a Tustin Failure to Appear Attorney

Failing to appear in court when required is a serious matter. It could result in a warrant, fines, bond revocation, and jail time. If you missed your court date and are now unsure what to do, contact a Tustin failure to appear lawyer immediately. Our team of skilled attorneys at The Law Office of Scott D. Henry has extensive experience representing clients facing these charges. We could answer any questions and fully explain the process. Additionally, we could advise you on how best to move forward. Contact our office today for a free consultation.

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