When you are facing criminal charges the way that you behave in court can have a significant impact on the outcome of your case. After being arrested for a crime there is a chance you will be released from detainment until your first court date, either on your own recognizance or on bail. If you miss a court date after being released you can face severe legal consequences. For more information and skilled legal representation contact a Red Bluff criminal lawyer today.
What Happens if I Miss My Court Date in CA?
If you miss your court date in California it is likely that the judge will issue a bench warrant for your arrest. A bench warrant gives police the authority to locate you, arrest you, and bring you to court. Depending on the explanation you give after being brought to court, the judge can either recall the warrant or impose a jail sentence for contempt of court.
By missing your court date you also give the prosecution grounds to file criminal charges for failure to appear (FTA). Depending on the criminal charges you are already facing, failure to appear can be charged as a misdemeanor or felony offense. In order to be convicted for failing to appear in court, the following must be proven.
- You were charged with or convicted of a crime in California
- You were released from custody
- You willingly failed to appear at your court date
- Your failure to appear was in an attempt to evade the process of court
What Are the Penalties for Missing a Court Date in CA?
The penalties that you will incur for missing a court date depend on various factors including the charges you were originally facing and whether or not the prosecution is going after you for an FTA.
If you are charged with a failure to appear you can expect the following legal consequences.
Misdemeanor:
- Fines of up to $1,000
- Up to 6 months in jail
- Probation
Felony:
- Fines of up to $5,000 if you were released on your own recognizance
- Fines of up to $10,000 if you were released on bail
- Up to 3 years in prison
- Probation
Depending on the details of your situation and the bench warrant you can have your driver’s license suspended, additional fines and jail time, probation violation, and more.
If you miss your court date the outcome will depend on the presiding judge and your criminal charges. Some judges are more forgiving than others and may deal with other cases in an attempt to give you time to appear. However, you can be charged with contempt of court and failure to appear. The legal penalties associated with these charges will only add to your original offense so it is important to be prepared and present at all required court hearings. Speak to an attorney to learn more about your rights and options.