When you fail to show up to a court date, the consequences can be severe. Depending on the nature of your case, you could risk having the court issue a warrant for your arrest. An Alameda failure to appear lawyer may be able to assist you in resolving an outstanding warrant for failure to appear. A seasoned criminal defense attorney could work toward a resolution of your failure to appear to minimize the penalties that you could face.
In some cases, individuals charged with misdemeanor offenses are released from jail on their own recognizance (O.R.), or without paying bail. This sort of release typically occurs in the cases of first-time offenders with non-violent, minor charges. At the time of their release, they sign an O.R. agreement, in which they agree to appear at all upcoming court dates and indicate that they understand the penalties for failing to appear.
If individuals willfully miss a court date concerning a misdemeanor offense, they can face a separate offense for failure to appear under California Penal Code § 1320. In Alameda, it is presumed that individuals willfully failed to appear if they or a lawyer fail to contact the court within 14 days of their original court dates. Penalties for a misdemeanor failure to appear conviction may include up to six months in county jail, a $1,000 fine, or both.
Additionally, if individuals fail to appear on court dates for traffic offenses, the court likely is to suspend their driver’s licenses. This sanction applies to crimes such as DUI, reckless driving, or driving without insurance.
Individuals who are facing felony charges must pay bail to be released from jail following an arrest, although some are released on their own recognizance, as well. They then must appear at a series of court dates. Failure to attend those dates as required could result in a separate felony failure to appear charge under Cal. Pen. Code § 1320.5.
Potential sanctions for felony failure to appear could include up to three years of incarceration and a maximum $5,000 fine if they were released on their own recognizance. If they were released after paying bail, the maximum fine increases to $10,000. A failure to appear lawyer in Alameda may be able to defend individuals against charges of failure to appear in court to avoid or minimize these penalties.
Failing to appear has additional consequences besides incarceration and fines. For individuals already are on probation, missing a court date would qualify as a probation violation, which can result in a complete revocation of probation and a jail sentence.
In some cases, an attorney in Alameda may be able to provide evidence that the defendant did not willfully fail to appear in court. Individuals may have good reasons for missing, including severe illness, emergency surgery, the sudden death or illness of an immediate family member, or a missed, delayed, or canceled flight. If individuals can produce documentation showing justification for missing court, they may be able to escape or reduce some of the potentially adverse ramifications of a failure to appear.
Whether you were hospitalized, attending a funeral for a loved one, or forgot about your court dates, you may have a better outcome if you promptly take steps to resolve the matter. Contacting an Alameda failure to appear lawyer may be the best means of resolving this situation. Call now to schedule a consultation.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.
We work to resolve your legal problems so you can focus on what is most important
Successful Immigration-Safe Resentencing
Case Dismissed after Completion of Deferred Entry of Judgment
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
