As a criminal defense lawyer, one of the most frequent and critical issues I encounter is clients missing their court dates, resulting in what is known as a Failure to Appear (FTA). Understanding the implications of an FTA is crucial because the consequences can impact your case and your life. This blog post aims to shed light on what an FTA entails and what you can expect if you fail to appear in court.
What is an FTA?
An FTA, or Failure to Appear, occurs when a defendant does not show up for a scheduled court date. Court dates are mandatory and missing one can lead to several legal consequences. FTAs can happen in various types of court proceedings, including criminal, civil, and traffic cases. However, the focus here is on FTAs in criminal cases.
Reasons for Missing a Court Date
There are many reasons why someone might miss a court date. Some common ones include:
Miscommunication: Not receiving proper notice of the court date.
Emergencies: Personal or family emergencies that prevent attendance.
Confusion: Misunderstanding the date or time of the hearing.
Intentional Avoidance: Deliberately avoiding court due to fear or anxiety about the outcome.
Regardless of the reason, you should speak to an attorney about your specific situation on the best way to promptly handle an FTA. These may be ways to handle your without going to jail.
Immediate Consequences of an FTA
Failing to appear in court can lead to several immediate issues:
Bench Warrant: The judge will likely issue a bench warrant for your arrest. This means law enforcement can arrest you at any time, whether at home, work, or during a routine traffic stop. Read this post to learn a little bit more about if you will go to jail.
Bail Forfeiture: If you were released on bail, failing to appear can result in the forfeiture of the bail amount. This means you lose the money or collateral posted for your release.
Additional Charges: An FTA can result in additional criminal charges, compounding your legal troubles. In some jurisdictions, failing to appear is considered a separate offense. In Colorado, this is called Violation of Bail Bond Conditions, or a VBBC. It can be a misdemeanor, or even a felony, based on the level of the underlying charges. See CRS 18-8-212. It is a Class 6 Felony if the underlying charges are a felony, and a Class 2 Misdemeanor if a Defendant FTAs for court when victims or witnesses have appeared in court.
Long-term Consequences
The consequences of an FTA extend beyond the immediate legal repercussions:
Impact on Your Case: Missing a court date can negatively impact your case. It can land you in jail for a few days if a bond hasn’t been set. A history of FTAs can influence a judge’s decision on bond amount in future cases as well.
Difficulty in Resolving the Case: The issuance of a bench warrant complicates resolving your case. You’ll need to address the warrant before proceeding with your defense.
More charges: Don’t forget that an FTA while on bond can be a new crime in and of itself. VBBC on a felony case is a new Felony 6 (F6) charge.
Employment and Personal Impact: An outstanding warrant can affect your employment and personal life. Employers may view it negatively, and it can cause stress and uncertainty in your daily life.
What to Do If You Miss a Court Date
If you realize you’ve missed a court date, it’s crucial to take immediate action:
Contact Your Attorney: Inform your criminal defense lawyer immediately. They can provide guidance on the best course of action and may be able to arrange a new court date or explain your absence to the court. Sometimes we can file a Motion to Quash the Warrant if there is a good reason that you FTA’d.
Turn Yourself In: Voluntarily turning yourself in to the authorities can show your willingness to cooperate. It may also result in more favorable treatment by the court, especially in setting a new bond amount.
Explain Your Absence: Provide a valid reason for your absence. If you had a legitimate emergency or did not receive proper notice, the court might show leniency. Don’t forget to provide proof of the emergency to your attorney. The Court almost always asks for some sort of proof as to why you missed court.
Preventing an FTA
Preventing an FTA is always better than dealing with its consequences. Here are some tips:
Stay Informed: Verify that you have accurate information about all court dates. Keep in close contact with your attorney and double-check any notices you receive.
Set Reminders: Use calendars, alarms, and reminders to ensure you remember your court dates.
Communicate: If you anticipate a conflict or emergency, inform your attorney and the court as soon as possible. In some cases, a continuance (postponement) can be arranged.
Plan ahead: Court is your #1 priority at that time. You should never be late for court. I tell my clients that “15 minutes early is on time, and on time is 15 minutes late,” for a court appearance. Emergencies can happen, but if you plan ahead, you should be able to pivot and still get to court on time. If something unavoidable happens, call your attorney immediately.
Conclusion
As a criminal defense lawyer, I cannot stress enough the importance of making all court dates. An FTA can complicate your legal situation and lead to severe consequences that affect many aspects of your life, land you in jail, and even get you new criminal charges. If you do miss a court date, immediately address the issue and work closely with your attorney to resolve the situation. If you have FTA’d, or have a warrant out for your arrest, call us today to discuss how our Colorado Springs law firm can help you.