If a court releases you on recognizance or requires you to post bond, or you otherwise receive a Notice To Appear as a criminal defendant, you are legally required to be present at the court on the scheduled date and time of your hearing. If you fail to appear for any reason, the judge can issue a bench warrant, directing law enforcement officers to arrest and detain you for violating a court order.
Failure to appear charges can make an already difficult criminal case much more challenging, but you still have legal options that a skilled defense attorney could help you pursue. No matter why you did not appear in court on time, contacting a Key West failure to appear lawyer from Keys Criminal Defense, PLLC, is essential if you know or suspect you have a bench warrant issued against you.
As outlined in Florida Statutes § 843.15, the severity of an offense of failing to appear before a court depends on the type of criminal charge you were facing. If the courts released you on a misdemeanor charge of any kind, failure to appear is a first-degree misdemeanor punishable by a $1,000 maximum fine and up to a year of jail time. If the courts released you in relation to a felony charge, or while you were waiting for sentencing after being convicted of any criminal offense, failure to appear is a third-degree felony carrying up to $5,000 in fines and up to five years in state prison upon conviction.
If you fail to appear, the court will add these penalties to whatever penalties you might face for your original criminal offense, and you will automatically forfeit any bond or security you paid to secure your release from incarceration before your original court date. A Key West failure to appear attorney from our team could discuss the potential implications of your specific charge during a private initial consultation.
An important point to understand about failure to appear charges is that the court may pursue a conviction for this offence, regardless of why you missed your scheduled appearance. Even if you missed your court date by accident, because of a serious medical emergency, or due to a family crisis, you could still have a bench warrant issued and face serious criminal penalties.
However, if you did not knowingly and intentionally miss your court date, you may be able to explain your situation to the court and resolve your charge favorably by contacting the authorities immediately with the support of knowledgeable legal counsel. Our Key West legal team could help you do this and maximize your chances of having any nonappearance charges dismissed.
Missing a court date can sometimes lead to harsher penalties than you were facing from the original charge. Acting quickly to explain your circumstances to the court can make a significant difference in resolving your case.
A Key West failure to appear lawyer is available to assist you with this complex and difficult legal issue. Contact our team at Keys Criminal Defense, PLLC, today to set up a meeting.
