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What is "Failure to Appear?"
According to the US Department of Justice, failure to Appear, or simply "FTA" refers to a situation in which a person who is required to appear in court does not attend as mandated by law [1]. Failing to appear in court when required can lead to further legal complications and negatively impact the individual's case. Individuals who have failed to appear in court should take prompt action to address the situation and comply with court orders.
Here's What Happens When You Fail to Appear
- Failure to Appear: If a person who is required to appear in court for a scheduled hearing, arraignment, trial, or any other legal proceeding fails to do so, the judge may issue a bench warrant.
- Issuance of the Bench Warrant: Upon being notified of the failure to appear, the judge will issue a bench warrant. This warrant authorizes law enforcement officers to locate and arrest the person who failed to appear in court.
- Arrest by Law Enforcement: Once a bench warrant is issued, law enforcement officers have the authority to arrest the person named in the warrant. The individual may be taken into custody and brought before the court.
- Court Appearance: After being arrested on a bench warrant, the person will be brought before the court to address the failure to appear. This may involve explaining the reasons for missing the court date.
- Potential Penalties: The court may impose penalties for failing to appear, including fines, additional charges, or other consequences. The severity of the penalties can vary based on the nature of the case and the court's judgment.
- Rescheduling the Court Appearance: In certain cases, the court may reschedule the missed court appearance and allow the person to address the matter at a later date. This is entirely at the discretion of the court.
Has a Bench Warrant Been Issued for Your Arrest?
If a warrant has been issued for your arrest, it's important to take the situation seriously and address it promptly. You should comply with court orders and appear at scheduled hearings.
Remember that facing a warrant does not mean automatic guilt, and you have the right to legal representation. Consulting with an attorney is crucial to navigating the legal process and protecting your legal rights.
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FAQs
How Does a Bench Warrant Differ From an Arrest Warrant?
A bench warrant is issued by a judge for missing court, while an arrest warrant is issued for suspected criminal activity.
What Are the Legal Consequences of Failing to Appear in Court?
The legal consequences of failing to appear in court are arrest, additional charges, fines, and a criminal record, complicating future legal and personal matters.
Can You Contest a Bench Warrant for Failure to Appear?
Yes, you can contest a bench warrant for failure to appear. Contesting a bench warrant involves presenting valid reasons for the absence in court, potentially mitigating legal consequences.
What Should You Do if a Bench Warrant Is Issued Against You?
If a bench warrant is issued against you, promptly contact an attorney, appear in court voluntarily, and comply with all legal requirements to resolve the issue.
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If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
References:
- https://www.ojp.gov/ncjrs/virtual-library/abstracts/failure-appear-what-does-it-mean-how-can-it-be-measured