Failure to Appear is a crime in Texas for failing to show up when you are summoned to court. Failing to appear in court is a serious offense that can lead to additional charges, fines, and even jail time.
This rule isn’t only for charged criminals. Anyone who has been ordered to appear and doesn’t come can be charged with this crime. If you cannot appear for a good reason you must notify the court so you don’t get charged.
Here are the consequences of failing to appear in Texas and what to do if you miss a court date. If you fail to appear in court and do not have a lawyer, contact our Dallas criminal defense lawyers immediately.
Understanding Failure to Appear
In Texas, failure to appear (FTA) occurs when you don’t show up for a scheduled court appearance in a criminal case. This includes missing a hearing, trial, or any other mandatory court proceeding.
If you were arrested and then were released on bail or your own recognizance afterward, you must sign a written promise to appear in court before you can leave. Violating this promise by failing to appear is a criminal offense under Texas law.
Penalties for Failure to Appear
The penalties for failing to appear in Texas depend on the underlying offense you were originally charged with. Under Texas Penal Code Section 38.10, failure to appear is a separate criminal offense with the following classifications and punishments:
- If the original offense was a felony, FTA is a third-degree felony, punishable by 2-10 years in prison and a fine of up to $10,000.
- If the original offense was a Class A or Class B misdemeanor, FTA is a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $4,000.
- If the original offense was a Class C misdemeanor, FTA is a Class C misdemeanor, punishable by a fine of up to $500.
In addition to these criminal penalties, failing to appear can also lead to:
- A bench warrant being issued for your arrest
- Revocation of your bail or bond
- Suspension of your driver’s license
- Additional fines and court costs
Valid Reasons for Failing to Appear
If you want to know how to get failure to appear dismissed in Texas, you’ll need a good reason to persuade the court. If any of the following caused you to miss your court date, there is a chance it could be dismissed.
Medical Emergency or Hospitalization
If you or a close family member (such as a child, spouse, or parent) had a serious medical emergency or was hospitalized during the scheduled court date, the court may excuse the absence. Proper documentation from a healthcare provider would likely be required.
Incarceration or Arrest
If you were incarcerated or arrested in another jurisdiction at the time of the scheduled court appearance, the court may find this a valid reason for failing to appear. Official records confirming the incarceration would need to be provided.
Death in the Family
A death in the immediate family (such as a spouse, child, parent, or sibling) around the time of the court date could be considered a valid reason for missing court. The court may require proof, such as an obituary or death certificate.
Severe Weather or Natural Disaster
If severe weather conditions or a natural disaster made it impossible or unreasonably dangerous for you to travel to the courthouse, the court may excuse the failure to appear. This would likely require proof of the conditions, such as news reports or official weather alerts.
Lack of Notice or Inadequate Notice
If you can show you were not properly notified of the court date or received the notice too late to make arrangements to attend, the court may find this a valid reason. This defense would require evidence of improper or untimely notice.
Military Deployment
Active duty military service members who are deployed or transferred may have a valid reason for missing court. Official military orders or documentation would need to be provided.
Cognitive Impairment or Mental Illness
In some cases, a defendant’s cognitive impairment or severe mental illness may be a valid reason for failing to appear, especially if it can be shown that the condition prevented them from understanding or remembering their obligation to attend court.
The court has discretion in determining whether a reason is valid, and documentation is crucial in supporting any claim. Failing to appear without promptly providing a valid reason can result in serious consequences.
What to Do If You Miss a Court Date
If you miss a court date in Texas, you must act quickly to minimize the consequences. Here are some steps you should take:
- Contact the court: Call the clerk and explain why you missed your court date. Find out if a bench warrant has been issued and ask about the process for rescheduling. It’s best to do this before you miss your court date if you cannot appear.
- Contact your attorney: If you have a lawyer, let them know you missed court and follow their advice on proceeding. If you don’t have an attorney, consider hiring one to help you.
- Turn yourself in: Follow your attorney’s advice, but it is often best to turn yourself in if there is a bench warrant rather than waiting to get arrested. An attorney can assist with arranging a surrender and arguing for favorable bail conditions before you do so.
- File a motion for a new trial: In some cases, your lawyer may be able to file a motion for a new trial to get your case back on track. An experienced attorney can help determine if this is a viable option.
Speak to a Dallas Failure to Appear Attorney Today
If you’re facing failure to appear charges in Dallas, don’t wait to seek legal help. The sooner you contact an experienced defense attorney, the better your chances of achieving a favorable outcome in your case.
At the Law Offices of Randall B. Isenberg, we offer a free, no-obligation consultation to discuss your case and your options. Don’t let a missed court date derail your life. Call us or fill out our online contact form to speak to a Dallas failure to appear lawyer today. We’re here to protect your rights and fight for your future.
