Appointments in criminal court are mandatory. When a person faces criminal charges or is involved in criminal proceedings, they are legally required to appear at all court hearings. Missing a court date is known as “failure to appear” or “FTA” and is a crime punishable by law. Forgetting or neglecting to appear in court is not like missing a doctor’s appointment. A person will face serious criminal charges in addition to those already charged before missing their court date.
Without the help of an experienced criminal defense attorney, FTA defendants will likely be sentenced to the maximum penalties mandated by their state. Depending on where they live and their criminal history, these penalties will vary. Read on to learn more about FTAs and what to expect if you face a similar charge in your city.
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If a person misses a mandatory court hearing, an arrest warrant will be issued. This is a type of arrest warrant that requires a person to be on the judge’s bench. When a person has a warrant, they can be arrested and taken into custody at any time, whether it’s during a routine traffic stop or at their doorstep. They can post bail and be released from police custody in most cases, but they will have to stay in jail for at least a few hours.
A person must face the judge once again, not only for his past affairs, but also for new criminal charges as a result of not attending the hearing. That means a separate set of penalties in addition to the ones they faced with their original charges. However, the severity of the penalties for a TLC generally depends on the severity of the original offense with which the person was charged. Penalties also vary by state. See below for an example of misdemeanors and felonies.
In Indiana …
Minor offences – A non-appearance charge will be sanctioned as a Class A misdemeanor if the original offense was a misdemeanor. Class A misdemeanors are punishable by up to 1 year in jail and $ 5,000 in fines.
Serious crimes – FTA charges are penalized as a Level 6 felony if the original criminal charge was a felony. Level 6 felonies are punishable by 6 months to 3 years in jail and up to $ 10,000 in fines. They can sometimes be reduced to class A misdemeanors for first time offenders.