CALIFORNIA CRIMINAL LAWYERS

Los Angeles Failure to Appear (Penal Code 1320)

Penal Code 1320 and 1320.5 make it a crime to fail to appear in court in California. Anyone who is ordered to appear in court on a criminal case must abide by the order and be present at the specified courthouse at the right date and time. If someone misses or evades a scheduled court hearing, they have committed a “failure to appear” offense. This failure may be classified as a felony, misdemeanor, or infraction, depending on the situation. Once a judge issues a bench warrant for someone’s failure to appear, the police can arrest and detain them at any time. For misdemeanors, bench warrants are served between 6 am and 10 pm, but repeated failures combined with outstanding warrants make the courtesy void.

Felony charges carry serious implications for those who willfully fail to appear in court. In addition to an existing felony charge or conviction, the individual is charged with another felony if they fail to appear in court, and if found guilty, they can be fined $5,000 and imprisoned in a California state penitentiary for up to one year. Both of these penalties may be issued simultaneously. The only way to clear or remove a bench warrant is to make a personal appearance in court or hire a Los Angeles criminal attorney to make an appearance on one’s behalf. If the failure to appear relates to a felony hearing, the only way to remove the bench warrant is through one’s personal appearance.

If someone fails to appear in court, a bench warrant will be issued, and immediate arrest and detention are possible. While bail may be set, the person may still be incarcerated while awaiting bond payment or the full bail amount. However, there are situations where someone may be released with a warning.

Misdemeanor charges can be investigated by an attorney to see if the warrant was improperly served, such as outside time frame restrictions. If the warrant was not entered into the National Crime Information Center, it can be dismissed. In situations where a court hearing was missed, the defendant may have moved away from that address or failed to realize that a court appearance was required. They could also believe that charges against them were dropped, or that an illness or accident prevented them from appearing.

It is vital to have a Los Angeles criminal defense lawyer by one’s side during court hearings. This shows the court that the defendant accepts responsibility for missing the court hearing and demonstrates their desire to present reasonable explanations for their absence. Moreover, it could result in a petition for release with a low amount of bail since they are not a flight risk.

If someone has missed a court date, they should not let themselves be arrested. They should contact a Los Angeles criminal attorney immediately to discuss their options. In many cases, a bench warrant can be cleared without any negative repercussions.