What are the consequences if you fail to appear in court for your criminal case?
When a person is given a court summons in the state of Texas, they have a legal obligation with their county and state to appear in court at the appointed date and time. In most cases, failure to appear in court can have serious consequences.
Regardless of whether you received a traffic citation or were charged with a crime and released on bail or your own recognizance, you should never skip a court date without first seeking legal guidance.
If you or a loved one has already failed to appear for a court date in Houston, it’s essential that you meet with an experienced Texas criminal defense attorney as soon as possible to protect your rights.
Below, we’ll discuss a few things that could happen if you don’t show up to court after posting bail and some possible ways an attorney may be able to help.
When am I required to appear in court?
There are many scenarios in which you may be required to appear in court, including:
- You have received a traffic ticket.
- You have been charged with committing a crime.
- You have been called to testify as a witness in a court case.
- You are being sued in a civil lawsuit by another individual or business.
- You did not show up for jury duty.
Here’s an example: Let’s imagine that you live in Houston, but you take a weekend trip to Galveston County. You’re cited for speeding. Although you should read the ticket and mark the court date on your calendar, you forget about the ticket in the glove compartment.
When you fail to appear, the judge issues a warrant for your arrest. Because the original speeding citation is unlikely to concern the police, you probably won’t hear about the warrant—unless you happen to get a speeding ticket or another infraction in Galveston County again. Without realizing there’s an outstanding warrant, you could be arrested at any time.
The bottom line? Read your ticket. If you don’t want to defend a speeding ticket or minor traffic offense in court, pay the fine before it’s due.
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What happens when a judge issues a bench warrant?
Failing to appear for a scheduled court date can result in the presiding judge issuing a bench warrant. A bench warrant directs law enforcement to take you into custody, so you’re at risk of being arrested. This can happen during a routine traffic stop when police run your name through a database. A license plate scanner might also identify you while you are driving around Houston.
If you’re released on bail, the decision to skip a court appearance will result in revocation of your bond. Money or property put toward your bond may be kept by the court at that point. In other words, if your bond is $10,000 and you don’t show up in court as agreed, the court keeps the money or pledged collateral. You or your co-signer won’t get it back.
Additionally, you might even be hunted down by a licensed bail bondsman or bounty hunter. When posting bond, you pay only a percentage of your actual bail amount. The bail bondsman pays the rest and forfeits the money if you don’t appear, so they have a vested interest in seeing you apprehended.
If you have a bench warrant, it will not do you much good to hide. Sooner or later, you will be found and brought back into custody, and at that point, the odds of successfully negotiating a plea agreement decrease significantly.
Rather than remaining a fugitive, we invite you to contact the Law Office of Matthew D. Sharp for free legal advice on how to best navigate your charges.
Penalties and punishments for failure to appear in Texas
A judge will first try to determine whether or not there were extenuating circumstances that prevented you from appearing. Some situations are looked upon more favorably than others. For example, a court may show you some grace if you have recently been hospitalized but may not grant mercy if your excuse is a lack of childcare or conflicting work schedule.
If the court decides you were irresponsible, it will then assess a penalty for failing to appear. This penalty will likely correlate to the nature and severity of your original charges. Some possible sanctions include:
- A Class C misdemeanor for offenses that result only in a fine. Minor traffic offenses normally fall into this category. In this case, the penalty would be a fine of up to $500.
- A Class A misdemeanor if the original arrest was also a misdemeanor. An example would be the possession of marijuana. This can result in a fine of up to $4,000 and as much as 1 year in jail.
- A third-degree felony if you originally were arrested on a felony charge such as DWI or burglary. This can result in up to 10 years in prison and a fine of up to $10,000.
The above penalties are in addition to any sanctions you may be charged with for the original arrest. In addition, courts tend to look less favorably on those who have failed to live up to their agreements, so that could land you a more severe sentence as well.
Affirmative defenses for failure to appear in Texas
Depending upon the circumstances, you may be eligible for certain affirmative defenses. An affirmative defense is used when you are guilty but have a good reason for having committed a particular crime. For a Texas failure to appear, some appropriate defenses might be:
- You were incarcerated at the time of the summons.
- You never received notification to appear in court.
- You were in the hospital or experiencing temporary mental insanity.
- You were summoned for military duty at the time of the court summons.
- You were kidnapped or held against your will.
It doesn’t matter whether you are actually guilty of the crime you posted bail for. Although you are innocent until proven guilty, you must nonetheless allow your case to work its way through the system. If anything, jurors may be more likely to prejudge you as guilty if they feel you are trying to run away or hide.
You can also be charged with a failure to appear in Texas even if the statute of limitations for your original offense has already run. So, you should not think that you can “run out the clock” simply by avoiding your court date.
Rather than facing only one set of charges, you must now deal with two. Crafting your own defense at a time such as this could result in devastating consequences. Rather than go it alone, contact a criminal defense attorney who will ensure that your legal rights are fully protected.
Charged with a failure to appear in court in Houston? We can help!
Missing a court date can have serious consequences, making it essential to seek guidance from an experienced criminal defense attorney. If you’ve been charged with a failure to appear in Harris County or any Texas court, contact The Law Office of Matthew D. Sharp today. Matthew will work with you to build a strong defense, help you understand your options, and fight to minimize the penalties you face.
Schedule a free consultation now to get the legal support you need in Houston.
