Can You Get A Failure To Appear Dismissed

Can a Failure to Appear Charge Be Dismissed?

A failure to appear charge can have serious consequences, including additional fines, a bench warrant for your arrest, and even jail time. However, in some cases, it may be possible to get a failure to appear charge dismissed. In this article, we will explore the factors that can lead to a dismissal and the steps you can take to increase your chances of having the charge dropped.

What is a Failure to Appear Charge?

A failure to appear charge is a criminal offense that occurs when an individual fails to show up for a scheduled court appearance, such as an arraignment, hearing, or trial. This charge is taken seriously by the court system because it disrupts the judicial process and can delay the resolution of a case.When an individual fails to appear, the court will typically issue a bench warrant for their arrest. This warrant allows law enforcement to apprehend the individual and bring them before the court to answer for their absence. Once arrested, the individual may face additional charges and penalties for the failure to appear.

Factors That Can Lead to Dismissal

While a failure to appear charge is a serious offense, there are circumstances in which the charge may be dismissed. Some of the factors that can lead to a dismissal include:

1. Lack of Notice: If the individual was not properly notified of the court date or if the notice was sent to an incorrect address, the court may dismiss the failure to appear charge.
2. Extenuating Circumstances: If the individual had a valid reason for missing the court date, such as a medical emergency or a family crisis, the court may be willing to dismiss the charge.
3. Compliance with Court Orders: If the individual has since complied with all court orders and appeared for subsequent hearings, the court may be more inclined to dismiss the failure to appear charge.
4. Plea Bargaining: In some cases, the individual may be able to negotiate a plea bargain with the prosecutor, in which the failure to appear charge is dismissed in exchange for a guilty plea to a lesser charge or a reduced sentence.

Steps to Get a Failure to Appear Charge Dismissed

If you have been charged with failure to appear, there are several steps you can take to increase your chances of getting the charge dismissed:

1. Hire an Attorney: It is highly recommended that you hire an experienced criminal defense attorney to represent you in court. An attorney can review the details of your case, identify any potential defenses, and negotiate with the prosecutor on your behalf.
2. Appear in Court: If you have missed a court date, it is important that you appear in court as soon as possible to address the failure to appear charge. Delaying will only make the situation worse.
3. Provide Evidence: If you had a valid reason for missing the court date, such as a medical emergency or a family crisis, be sure to provide documentation or other evidence to support your claim.
4. Comply with Court Orders: If you have outstanding court orders, such as fines or probation conditions, be sure to comply with them as soon as possible. This can demonstrate to the court that you are taking responsibility for your actions and are committed to resolving the case.
5. Negotiate with the Prosecutor: Your attorney may be able to negotiate with the prosecutor to have the failure to appear charge reduced or dismissed in exchange for a guilty plea to a lesser charge or a reduced sentence.

Consequences of a Failure to Appear Conviction

If you are convicted of a failure to appear charge, you may face the following consequences:

• Additional Fines: You may be required to pay additional fines on top of any fines associated with the original charge.
• Jail Time: In some cases, you may face jail time for a failure to appear conviction, especially if it is a repeat offense.
• Difficulty Obtaining Employment: A failure to appear conviction can appear on your criminal record, which may make it difficult to obtain employment in certain fields.
• Difficulty Obtaining Housing: A criminal record can also make it difficult to obtain housing, especially in certain neighborhoods or apartment complexes.

Conclusion

While a failure to appear charge is a serious offense, it is possible to get the charge dismissed in certain circumstances. By hiring an experienced attorney, appearing in court, providing evidence of extenuating circumstances, complying with court orders, and negotiating with the prosecutor, you may be able to avoid the serious consequences of a failure to appear conviction.

FAQ

1. What is a failure to appear charge?
   • A failure to appear charge is a criminal offense that occurs when an individual fails to show up for a scheduled court appearance, such as an arraignment, hearing, or trial.
2. What are the consequences of a failure to appear conviction?
   • Consequences can include additional fines, jail time, difficulty obtaining employment, and difficulty obtaining housing.
3. What factors can lead to a dismissal of a failure to appear charge?
   • Factors that can lead to dismissal include lack of notice, extenuating circumstances, compliance with court orders, and plea bargaining.
4. What steps can I take to get a failure to appear charge dismissed?
   • Steps include hiring an attorney, appearing in court, providing evidence of extenuating circumstances, complying with court orders, and negotiating with the prosecutor.
5. How can a failure to appear conviction affect my future?
   • A failure to appear conviction can appear on your criminal record, which may make it difficult to obtain employment and housing in certain fields and neighborhoods.

Relevant Information