Reno Failure to Appear Lawyer | Missed Court Date Defense

When you are summoned to appear in court at a specific time, you must honor that obligation. You must come to court, and the judge overseeing your case expects you to show up. Neglecting to do so is a criminal charge that carries significant penalties and is known as “failure to appear” or FTA. Depending on your circumstances, it can result in additional charges, fines, or even a bench warrant.

If you think or are aware that you missed a court date, you should discuss your options with a qualified criminal defense attorney like John Arrascada. No matter what the reason is, you still have legal rights. The repercussions of an FTA can be harsh, and you should not handle your case on your own. A Reno failure to appear lawyer will take a proactive approach.

Understanding FTAs

FTAs happen when an individual misses a scheduled court date in a criminal or traffic case. Depending on the initial accusations, the consequences can vary.

A defendant can use some common reasons and defenses when they have missed their court date. One is that they did not intend to evade prosecution. State law requires proof of intent in some cases, particularly if the prosecution claims that the defendant fled the state to avoid appearing in court. Without clear evidence that the defendant knew what they did, such as communication about the inability to attend, the prosecution will have more difficulty proving this element.

Judges may dismiss FTA charges when someone can show that extenuating circumstances, such as hospitalization, serious family emergencies, or military service, prevented them from appearing. Documentation like hospital records or military orders could help prove this defense.

A Reno failure to appear attorney can collect evidence to prove that someone did not intend to miss their court date.

Consequences for Failure to Appear

There are serious consequences if someone neglects to show up for a hearing:

When the original offense was a misdemeanor, the defendant may face up to six months in jail and fines of up to $1,000
For gross misdemeanors, penalties can reach up to 364 days in jail and fines up to $2,000
If the underlying charge is a felony, FTA is treated as a Category D felony, punishable by one to four years in prison and a fine of up to $5,000
For a traffic violation, the defendant’s driver’s license could be suspended after 31 days by the state’s Department of Motor Vehicles (DMV) unless the issue is resolved with the court or the defendant requests a DMV hearing to contest the suspension

A judge may issue a bench warrant for the defendant’s arrest when they have missed their hearing date. The defendant has the right to appear before a judge and request to have their bench warrant removed. A lawyer in Reno can help a defendant reduce any FTA penalties as quickly as possible.

Speak With a Failure to Appear Attorney in Reno Today

You should get in touch with a Reno failure to appear lawyer when you realize you have missed a court date. The Law Offices of John Arrascada can assist you with challenging your original charges and any consequences of missing your required appearance before the judge. Mr. Arrascada is a highly respected legal professional who will zealously defend your rights. Reach out today to discuss your case.