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 an FTA charge (Failure to Appear). 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 FTA Charge?
An FTA charge, or Failure to Appear, occurs when a defendant misses a required court date. This can result in a bench warrant, fines, license suspension, or additional criminal charges. FTAs apply to criminal, civil, and traffic cases, making it crucial to address them immediately to avoid severe legal consequences. 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 Charge
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.
Minimise your chances of facing the consequences and contact McDowell Law firm for a free discussion.
Long-term Consequences of FTA Charge
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.
Minimise your chances of facing the consequences and contact McDowell Law firm for a free discussion.
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.
How to Prevent an FTA Charge?
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.
Frequently Asked Questions
What happens if you fail to appear in court?
If you fail to appear in court, a judge may issue a bench warrant for your arrest, revoke or modify your bond, impose additional penalties, or schedule another court hearing. The consequences depend on the type of case, the reason for the absence, and the laws of the jurisdiction.
Is Failure to Appear a misdemeanor or a felony?
Failure to Appear may be charged as either a misdemeanor or a felony, depending on the underlying offense and the applicable state law. Missing court for a misdemeanor case may result in misdemeanor penalties, while failing to appear in a felony case can lead to more serious criminal consequences.
Can you be arrested for Failure to Appear?
Yes. If a judge issues a bench warrant because you failed to appear in court, law enforcement may arrest you and bring you before the court. In many cases, the warrant remains active until it is recalled by the court or otherwise resolved.
Can Failure to Appear result in jail time?
Yes. Failure to Appear can result in jail time, particularly if the court issues a bench warrant or if state law treats the failure to appear as a separate criminal offense. The potential penalties depend on the underlying case, the circumstances surrounding the missed court date, and the applicable law.
What should you do if you have an FTA warrant?
If you discover that an FTA warrant has been issued, you should address it as soon as possible. In many cases, an experienced criminal defense attorney can help determine whether the warrant can be recalled, arrange a court appearance, or work to minimize the legal consequences.
Can an FTA charge be dismissed or resolved?
Yes. Depending on the circumstances, an FTA charge may be dismissed, withdrawn, or otherwise resolved. Courts may consider factors such as whether the defendant had a valid reason for missing court, voluntarily appeared afterward, or whether the prosecution can prove the required legal elements.
What is the difference between an FTA charge and an FTA warrant?
An FTA charge is the criminal allegation that a person unlawfully failed to appear in court when required. An FTA warrant is the bench warrant issued by a judge authorizing law enforcement to arrest the person after the missed court appearance. A case may involve one or both, depending on the circumstances.
What happens if you miss court for a traffic ticket?
Missing court for a traffic ticket may result in a bench warrant, additional fines, license-related consequences, or other penalties authorized by state law. Depending on the type of traffic offense, the court may also enter a default judgment or require you to appear before the case can be resolved.
Can Failure to Appear affect your bond or bail?
Yes. Failing to appear may cause the court to revoke or increase your bond, forfeit any posted bail, or impose stricter release conditions. Judges often view a missed court appearance as a sign that a defendant may not comply with future court orders.
Can Failure to Appear add new criminal charges?
Yes. In some jurisdictions, Failure to Appear may be prosecuted as a separate criminal offense in addition to the original charges. Whether additional charges apply depends on the underlying offense and the state’s criminal statutes.
Does an FTA stay on your criminal record?
An FTA may become part of your court or criminal record, depending on the circumstances and the laws of the jurisdiction. Whether it remains on your record permanently or may later be sealed or expunged depends on state law, the outcome of the case, and any available post-conviction remedies.
