what happens if i have a failure to appear

Natashya

2 min read

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25-12-2024

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A Failure to Appear (FTA) in court is a serious offense with significant consequences. This article explains what an FTA is, the potential penalties, and what you can do if you're facing one.

Understanding Failure to Appear (FTA)

An FTA occurs when you're legally required to attend court (for a jury summons, a traffic ticket, a criminal charge, or a civil case), but you don't show up without a valid excuse. This demonstrates a disregard for the legal process and can lead to severe penalties. The seriousness of the consequences depends on the reason for your court appearance in the first place. A missed traffic ticket hearing will have different repercussions than a missed felony hearing.

Penalties for a Failure to Appear

The penalties for an FTA can vary widely depending on the jurisdiction and the nature of the original case. Common consequences include:

• Arrest Warrant: A judge will likely issue a warrant for your arrest. This means law enforcement can arrest you at any time, even for minor infractions. The arrest can be made at your home, workplace, or any other location.

• Increased Fines and Fees: Your original fines and fees will likely increase significantly. You may also face additional fees for the FTA itself.

• Jail Time: Depending on the severity of the original offense and the jurisdiction, you could face jail time for your FTA. This is especially true for more serious criminal cases.

• License Suspension or Revocation: If the original offense was traffic-related, your driver's license could be suspended or revoked. This can extend to commercial driving licenses as well.

• Difficulty Obtaining Loans or Employment: An FTA can significantly impact your credit score and make it challenging to obtain loans or employment. Many employers conduct background checks, and an FTA will likely appear.

• Damage to Your Reputation: An FTA is a public record, and the information may be accessible online, potentially damaging your personal and professional reputation.

What to Do if You Can't Attend Court

If you're unable to attend court, contact the court immediately. Explain your situation and request an alternative arrangement. Possible solutions include:

• Requesting a Continuance: This is a formal request to postpone the court date. You'll need to provide a compelling reason for the delay.

• Appearing via Video Conference: Some courts offer the option of appearing remotely via video conference.

• Submitting a Written Explanation: Depending on the situation, you may be able to submit a written explanation to the court. However, it's essential to consult with an attorney.

Never simply ignore a court summons. Contacting the court is the first and most important step to avoid an FTA. Even if you feel overwhelmed or don't understand the process, seeking assistance from a lawyer or legal aid organization is crucial.

Seeking Legal Assistance

If you have an FTA or are facing a court date you're unsure about, seek legal counsel immediately. An attorney can explain your rights, help you navigate the legal process, and represent you in court. They can also potentially mitigate the consequences of an FTA. Remember, taking action sooner rather than later significantly improves your chances of a positive outcome. Failing to appear demonstrates a lack of respect for the legal system and can lead to more serious repercussions than addressing the situation directly. Your best course of action is to proactively manage your court appearance.