College Station Failure to Appear Lawyer

Failing to appear for a trial can often lead to harsher consequences in addition to the original criminal charges. However, the legal system understands that emergencies happen, and failing to show up for trial is sometimes due to circumstances beyond your control.

If you failed to attend mandatory court proceedings, speak with a hardworking criminal defense attorney today. Our College Station failure to appear lawyers could help you understand your legal options.

Failure to Appear is a Separate Crime

When you are arrested and charged with a crime, you typically can pay bail to secure your release. The court determines the availability of bail and the amount based on factors such as the person’s prior criminal history.

A court could also decide to release a defendant on their own recognizance without paying bail. Regardless of how your release was secured, you are making a promise to return to court for the actual trial of the criminal charges.

If you do not show up to court for a mandatory hearing or trial, this could have severe consequences. In addition to the original charges, a judge could separately charge you with the crime of failure to appear under Texas Penal Code Annotated § 38.10.

Failure to appear charges have two elements. First, the person was released from custody on the condition that they would show up to court. Second, they intentionally or knowingly fail to appear as stipulated by the terms of release.

Potential Penalties for Failure to Appear

Failing to appear in court can have severe consequences, mainly when the original criminal charges include a felony offense. A judge can also revoke bail or issue a bench warrant for your arrest.

In general, failure to appear is considered a Class A misdemeanor, according to Tex. Penal Code Ann. § 38.10. Class A misdemeanor convictions can impose penalties of up to one year imprisonment and up to a $4,000 fine. If the underlying offense was punishable by fine only, it is classified as a Class C misdemeanor, which can impose up to $500 in fines.

Failure to appear charges are much more serious when the underlying crime is a felony. A failure to appear conviction is classified as a third-degree felony in this case, with maximum penalties of two to 10 years imprisonment and up to a $10,000 fine.

A College Station attorney could investigate your failure to appear case and determine the type of penalties you could potentially face.

Defenses For Failing to Appear in Court

While failure to appear can impose separate criminal charges and significant penalties, courts understand that emergencies happen. In some cases, individuals are unaware that they are required to appear in court.

Tex. Penal Code Ann. § 38.10 provides two affirmative defenses for a failure to appear. The appearance was required by community supervision, parole, or an intermittent sentence, or the offender had a reasonable excuse for failing to appear.

The law does not explicitly define what is considered a reasonable excuse. Some examples of potentially valid reasons for failing to appear include the following:

• An automobile accident
• A major injury, illness, or hospitalization
• A sudden death in the family
• Military service obligations
• Incarceration

Since the failure to appear statute requires that the defendant intentionally or knowingly missed their appearance, providing evidence that the defendant was not properly notified of the court date could help avoid a conviction. In this situation, it is best to speak with a failure-to-appear lawyer in College Station about potential defenses.

Contact a College Station Attorney Immediately for Help With Failure to Appear Charges

If you believe you have missed a mandatory court appearance, you should speak with a College Station failure to appear lawyer as soon as possible about the best strategy to win your case.

Delaying your response to a missed proceeding could result in harsher penalties in the long term. Reach out to the attorneys at The Greening Law Group today to discuss potential defenses and strategies for your case.