Rule number one when you have a court date: Show up.

 

In Florida, failure to appear in court is a serious offense that occurs when a person who has been ordered or summoned to appear in court does not show up at the scheduled time and date. This can happen in both criminal and civil cases, but it is particularly significant in criminal matters, where failing to appear can lead to additional criminal charges, bench warrants, and other legal consequences.

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Our law firm has represented clients charged with failing to appear in Duval County Court in Jacksonville.  

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What Happens When You Fail to Appear in Court:

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1. Bench Warrant Issued:

   - If you fail to appear for a scheduled court hearing, the judge will typically issue a bench warrant for your arrest. This means that law enforcement is authorized to arrest you and bring you before the court.

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2. Bond Forfeiture:

If you were released on bond, failing to appear could result in the forfeiture of your bond. This means that any money or collateral posted for your release may be seized by the court.

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3. Additional Criminal Charges:

In criminal cases, failing to appear can lead to additional charges. The severity of these charges depends on the nature of the original offense for which you were required to appear.

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Penalties for Failure to Appear:

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1. Misdemeanor Cases:

If you fail to appear in court for a misdemeanor offense, the failure to appear charge is typically classified as a first-degree misdemeanor.

Penalties:
Up to 1 year in jail.

Up to 1 year of probation.
Fines up to $1,000.

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2. Felony Cases:

If you fail to appear in court for a felony offense, the failure to appear charge is usually classified as a third-degree felony.
 

Penalties:

Up to 5 years in prison.

Up to 5 years of probation.
Fines up to $5,000.

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3. Civil Cases:

In civil cases, failing to appear may result in a default judgment against you, meaning that the court may rule in favor of the other party by default.

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Common Reasons for Failure to Appear:

Not Receiving the Notice: A legitimate reason for missing court could be that you did not receive the notice to appear.

Medical Emergencies: Serious illness or injury that prevents you from attending court.

Transportation Issues: If you were unable to get to the court due to transportation problems.

Family Emergencies: Urgent family matters that made it impossible to appear in court.

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Defenses to Failure to Appear:

If you have been charged with failure to appear, you may be able to present a valid defense to avoid additional penalties. Some possible defenses include:

Lack of Notice: If you can prove that you never received a notice to appear in court.

Legitimate Excuse: If you have a valid reason, such as a medical emergency, for missing your court date.

Miscommunication: Sometimes, a court date can be rescheduled without your knowledge, and this can be used as a defense.

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Consequences of a Failure to Appear Conviction:

Increased Legal Penalties: Additional fines, jail time, or probation.

Extended Legal Process: The original case will still need to be addressed, and now there is an additional charge to contend with.

Impact on Bond Status: Potential revocation of bond or an increase in bond amount.

Criminal Record: A failure to appear conviction can result in a permanent criminal record.

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What to Do If You Miss a Court Date:

If you realize you missed a court date, it is important to act quickly. You should:

Contact the Court: Notify the court as soon as possible to explain the situation.

Consult with an Attorney: Seek legal advice to understand your options and potential defenses.

Turn Yourself In: If a warrant has been issued, you may need to surrender yourself to the authorities, preferably with legal representation.

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Importance of Legal Representation:

Failure to appear charges can complicate your legal situation significantly. It is crucial to have an experienced attorney who can help you navigate the process, negotiate with the court, and work to minimize the consequences. Simply put, it can make a difficult situation even more difficult.  

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In summary, failure to appear in court in Florida is a serious matter that can lead to arrest, additional charges, and increased penalties. Taking swift action and seeking legal help can mitigate the impact of this charge. Our office can help.  Consultations are always free and always confidential.