In some cases, someone charged with a crime is released from custody and ordered to appear in court later. However, if he or she fails to appear in court on the established date, he or she could face legal repercussions.
If you or someone you know missed a court date, you might need to consult with a well-practiced defense attorney as soon as possible. An experienced Martinez failure to appear lawyer could fight your charges and help you avoid additional consequences.
A person released from custody after being charged or pleading guilty will likely post bail or be released on his or her own recognizance. Generally, defendants released on their own recognizance must sign a written agreement that they will:
A defendant released on his or her own recognizance or bail that willfully fails to appear at the mandated court date could face a failure to appear charge, as codified under California Penal Code §1320 and 1320.5. To convict someone of this charge, a prosecutor will have to prove that the defendant:
Intentionally evading the process of the court refers to a defendant attempting to avoid the penalties of his or her charges. Emergencies and similar circumstances may be a credible defense against a failure to appear charge if the defendant informed the court beforehand within a reasonable amount of time. A defendant could discuss his or her reason for missing a court date with a local attorney.
The penalties a defendant could face for missing his or her court date are contingent upon the underlying criminal charges. Additionally, the court can impose a fine of up to $300 for any defendant that fails to appear in court for a court-ordered infraction, misdemeanor, or felony proceeding, as per Cal. P.C. §1214.1. A skilled Martinez attorney could review a defendant’s case history and fight for a dismissal of the failure to appear charge.
A defendant with a misdemeanor charge or conviction who was released on his or her own recognizance could face orders to complete misdemeanor probation, up to six months in county jail, pay a fine of up to $1,000, or all three of these penalties.
A defendant with a felony charge or conviction who was released on his or her own recognizance could face felony probation, up to a year in jail or three years in state prison, a fine of up to $5,000, or all three.
A defendant charged with a felony that required bail for release could face felony probation, up to a year in county jail or three years in state prison, a fine of up to $10,000, or all three penalties. Additionally, a defendant will likely not have his or her money returned for posting bail.
It is essential that someone who missed his or her court date acts quickly because the court may have issued a warrant for his or her arrest. Sometimes emergencies occur that prevent people from being able to attend an established court date. An understanding Martinez failure to appear lawyer could fight on your behalf for a speedy dismissal of your charges. Call today to schedule a consultation with one of our accomplished attorneys.
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.
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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
