Failure to Appear in Court - Penal Code 1320 and 1320.5 PC
California Penal Code 1320(a) PC stipulates that willfully failing to appear in court when required is a crime. This is a serious matter, as the severity of the charge matches the underlying offense. A misdemeanor charge leads to a misdemeanor failure to appear, while a felony charge results in a felony failure to appear.
While this statute applies when you are released “on your own recognizance,” which means you are released from custody without having to post bail, PC 1320.5 is a law that applies to your failure to appear when you have been charged or convicted of a felony and released on bail.
PC 1320 says, “Every person who is charged with or convicted of the commission of a misdemeanor who is released from custody on their own recognizance and who, in order to evade the process of the court, willfully fails to appear as required, is guilty of a misdemeanor.
Every person who is charged with or convicted of the commission of a felony who is released from custody on their own recognizance and who, in order to evade the process of the court, willfully fails to appear as required, is guilty of a felony…”
Sometimes, circumstances occur that prevent you from appearing in court. In these instances, it's important to understand the potential implications. In California, a 'failure to appear' describes a situation in which someone who was legally required to appear in court personally willfully fails to show up. 'Willful failure to appear' means that the person intentionally and knowingly did not appear in court when they were supposed to.
If you willfully fail to appear, the judge will normally issue a bench warrant for your arrest, and additional criminal charges could be filed against you. The legal mandate to appear in criminal court normally occurs after the judge orders someone to reappear for a future court date, signs a written promise to appear, or issues a subpoena to appear in court.
Which Penal Codes Apply?
- Penal Code 1320 PC. This law specifically impacts individuals who were released on their recognizance and makes it a crime if they fail to appear.
- Penal Code 1320.5 PC. This statute is similar to Penal Code 1320 PC; however, it is for failure to appear in court for those released on bail.
- Penal Code 1214.1 PC. This statute fines people who fail to appear in court for a court-ordered criminal proceeding. Anyone who willfully fails to show up in court will be fined $300.
- Penal Code 853.7 PC. This statute makes it a misdemeanor crime to violate a written promise to appear in court willfully.
Traffic Violations FTAs
Although failure to appear in court for a traffic violation is not covered under the California Penal Code, it is still a crime. This type of violation includes failing to appear for a speeding ticket, driving without insurance, a DUI, reckless driving, and more.
Rather, Vehicle Code 40508 VC is the appropriate statute that applies if a person fails to appear in court for a traffic ticket. When this occurs, if convicted, the violation is charged as a misdemeanor and could result in:
- Six months in county jail; and/or
- A fine not to exceed $1000; and/or
- A suspension of your driver's license.
Vehicle Code 40509.5 VC allows an additional penalty when someone violates Vehicle Code 40508 VC. It gives the DMV, or Department of Motor Vehicles, the authority to place a hold on a driver's license if the driver fails to appear in court for a traffic citation. This, of course, means the driver's privileges are suspended until a fine is paid.
What are FTA Penalties?
If your original charge was a misdemeanor, then your failure to appear will also be considered a misdemeanor. Some possible penalties are:
- Up to six months in county jail; or
- A fine not to exceed $1000; or
- Both time in jail and a fine.
Similarly, if your original charge was a felony, then the failure to appear will also be a felony. Penalties for failure to appear might include the following:
- A maximum fine of $5000 if you were released on your own recognizance and
- Up to a $10,000 fine if you were released on bail; or
- Up to 3 years in state prison; or
- Both prison time and the fine.
If you fail to appear in court, the judge might issue a bench warrant or a criminal arrest warrant. A bench warrant is a court order authorizing the arrest of the person named in the warrant. The choice will vary, depending on what your original reason was for appearing in court. This is a serious matter that requires immediate legal attention.
A bench warrant adds your name to a database. If you encounter the police in the future, the police could then arrest you on the bench warrant, regardless of the reason for the encounter. This means that even a routine traffic stop could lead to your arrest.
FTA Defenses
If you're facing a charge of failure to appear in court, our team of experienced California criminal defense lawyers is here to help. We can explore potential defenses and work to reduce or dismiss the charges. You're not alone in this, and we're here to guide you through the legal process. Possible defenses include the following:
- No willful act. A possible defense is a direct result of the language of Penal Codes 1320 and 1320.5 PC. It might be possible to demonstrate that the defendant didn't "willfully fail to appear." The key word in that statement is "willfully." To be found guilty, the prosecution must prove that the defendant had willful intentions to miss the court date. Without the willful component, a conviction might not occur.
- No attempt to evade the court process. We might be able to demonstrate that the defendant didn't intend "to evade the process of the court." In other words, if this intention is missing, the defendant would not be guilty of a violation.
- Good cause. For Penal Code 1214.1 PC, a possible defense would be that the defendant had 'good cause' for failing to appear. This could be an effective defense because one of the elements a prosecutor must prove is that the defendant ignored the notice 'without good cause.' A good cause could include a medical emergency or a family emergency that prevented the defendant from appearing in court.
If you have been charged with a failure to appear in a California criminal courtroom, contact us to review the case details. Our criminal defense law firm, Eisner Gorin LLP, is located in Los Angeles.
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