One of the most common charges under the obstruction of justice category is Failure to Appear. This charge occurs when a person does not appear in front of a court or judicial officer (such as a parole officer) when required to by law.
However, there are multiple scenarios when failing to appear may be acceptable. In the following article, we’ll go over what constitutes a failure to appear, its associated penalties and some common defenses.
Gainesville Failure to Appear Criminal Defense Attorney
Contempt of court and failing to appear are serious charges that can result in weeks or years in jail on top of other charges. Whether you have a legitimate excuse or have been slapped with a bogus charge, you need legal defense from a strong criminal defense attorney who understands the Florida court system.
Reach out to the Galigani Law Firm today at (352) 375-0812 to schedule a free consultation. Attorney Galigani and his legal team accept clients throughout the greater Alachua County area including Gainesville, High Springs, Alachua, Archer, La Crosse, and Waldo.
Information Center
- Failure to Appear in Florida
- Common Defenses for Failing to Appear
- Penalties for Failing to Appear
- Additional Resources
- Hire a Failure to Appear Criminal Defense Lawyer in Gainesville, Florida
Failure to Appear in Florida
The state of Florida defines the failure to appear under Fla. Stat. 843.15:
Whoever, having been released pursuant to chapter 903, willfully fails to appear before any court or judicial officer as required shall incur a forfeiture of any security which was given or pledged for her or his release
This means that if you have been released on a bail bond and do not arrive before the appropriate authority at the required date then you forfeit the entirety of your bail bond. For example, if your bond is $1,000, you would typically pay $100 at the time of posting, and receive the same amount after the trial. If you do not show up for the trial, however, then you will be on the hook for the other $900.
Failure to appear includes any formal court summons, such as:
- Arraignment
- Trial Dates
- Hearing Dates
- Probation Hearings
- Probation Meetings with your Parole Officer
- Traffic Tickets
In other words, failure to appear includes civil, criminal and traffic infractions. The court may also charge you with contempt of court.
Common Defenses for Failing to Appear
There are many legitimate reasons to not appear in court when expected. They include:
- Miscommunication – The most common reason innocent people are charged with failing to appear is that the court makes a mistake. There may be confusion regarding the date of your appearance, where you are supposed to appear, or whether you need to appear at all.
- Valid Excuse – There may be a valid reason you cannot attend. If you or a close family member have been injured, hospitalized or faced some other legitimate issue, you may have a valid reason not to attend. In this case, you will need to communicate with the court as soon as possible and reschedule your court date.
- Incarceration – If, for whatever reason, you were incarcerated or detained by law enforcement at the time of your scheduled appearance, you may be released from your failure to appear charge. However, if you were detained as a result of your own actions, the court may uphold the charge.
- Legal Advice – If your attorney advised you not to attend the court date, that may be a valid defense.
- Misreporting – In some rare cases, you may have been present in court, but the clerk or parole officer failed to record your presence.
Penalties for Failing to Appear
The penalty for failure to appear depends on the severity of the original crime. If the original crime was a Felony, then you will face a third-degree felony, which is punishable by up to 5 years in prison and a $5,000 fine.
If the original crime was a Misdemeanor, then you will face a first-degree misdemeanor, which is punishable by up to 1 year in prison and a $1,000 fine.
In addition, it is likely that the court will put out a bench warrant – meaning that you will be arrested if you are pulled over or identified by the police.
Additional Resources
Court Appearance Guide – This guide to court appearances provides all of the dos and don’ts of court appearances, as well as what you should do when arriving and leaving the
Differential Warrants – The state of Florida conducted a study on the efficacy of bench warrants on juvenile offenders and published the results in 2021. The state suggests implementing “differential warrants,” which are warrants that take into account the willfulness and circumstances of the juvenile for not appearing before the court or court officer.
Hire a Failure to Appear Criminal Defense Lawyer in Gainesville, Florida
If you or a loved one have been charged with failure to appear, you need help from an experienced criminal defense lawyer.
Reach out to the Galigani Law Firm today at (352) 375-0812 to schedule a free consultation. Attorney Galigani and his legal team accept clients throughout the greater Alachua County area including Gainesville, High Springs, Alachua, Archer, La Crosse, and Waldo.
