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Is failure to appear a crime?

Criminal court dates are required. 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 called a “failure to appear” or “FTA,” and it is a crime punishable by law. Forgetting or not showing up to court is not like missing a doctor’s appointment. A person will face serious criminal charges in addition to those already charged prior to missing their court date.

Without the help of an experienced criminal defense attorney, FTA defendants will likely be sentenced to the maximum penalties enacted by their state. Depending on where you live and your criminal record, these penalties will vary. Read on to learn more about the TLCs and what to expect if you face a similar charge in your city.

bank warrants

If a person fails to attend a mandatory court hearing, a warrant for their arrest will be issued. This is a type of arrest warrant that requires the presence of a person at the judge’s bench. When a person has a warrant, they can be arrested and taken into custody at any time, whether during a routine traffic stop or at their front door. 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 their past affairs, but for new criminal charges as a result of missing their court date. That means a separate set of penalties on top of those they faced with their original charges. However, the severity of the penalties for an FTA generally depends on the seriousness of the original crime with which a person was charged. Penalties also vary by state. See below for an example of misdemeanors and felonies.

In Indiana…

Minor offences – A Failure to Appear charge will be penalized 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 punishable as Level 6 felonies 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.

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