When you do not attend a court date during your criminal case, the prosecution may charge you with an additional crime called failure to appear. This can make your circumstances more challenging and complex as you navigate your trial.
The legal process for a failure to appear, including trial, disclosure, and preparations, is similar to that of your primary case, and you can defend yourself against these accusations. A seasoned criminal defense attorney could help you gather and present evidence to request a lesser penalty or have the court dismiss your charges entirely.
Partnering with an Orange County failure to appear lawyer may help equip you with the knowledge and resources you need to fight criminal allegations. Our hardworking team of professionals at The Umansky Law Firm welcomes the opportunity to collaborate with and defend you in this fight.
Florida Statutes § 843.15 explains that not going to a hearing, trial, or status update can have significant implications for you and your criminal case. A failure to appear charge may occur if you pay the bail money, are conditionally released, and do not go to future court appearances.
Depending on the type of primary offense you have (e.g., a felony or misdemeanor), the government may press an additional charge that you must defend yourself against or face penalties for.
For example, if you were arrested on misdemeanor charges and did not show up at the courthouse after posting bail, you may incur the same type of charges in the first degree. In addition, you may face penalties of up to one year in jail and a maximum of $1,000 in fines.
If you fail to appear before a judge for a felony, you may be charged with a third-degree felony, which can carry up to a five-year prison sentence and a $5,000 penalty. Having this type of offense pending can impact your plea-bargaining options in your primary court case.
Because this area of the law is complex and can affect other parts of your life, having an Orange County attorney you trust when you are accused of failing to appear may be your best option. A knowledgeable lawyer with our firm could review the evidence against you, discuss the reasons you could not be at the courthouse that day, and develop potential defense strategies that may limit the consequences.
Going to the courthouse on your scheduled days and times, even if it does not seem significant, is crucial; however, you may have forgotten, misunderstood your attendance, or had something urgent that prevented you from showing up. Defending yourself against these charges may involve explaining to the judge that your decision was justified because of a compelling or valid reason.
For instance, you may have misunderstood your previous attorney’s instructions about where you were supposed to be and when. Likewise, you may have had a family emergency to respond to, and there was no way for you to notify the judge at the time. Other defenses may be available to you, which a knowledgeable failure to appear lawyer in Orange County could help you identify and bring up at your hearing.
Being charged with a failure to appear felony or misdemeanor on top of offenses you are already facing can lead to increased frustration and stress. You may have concerns about potential penalties and how this will impact your defense in your primary case. When you are in this scenario, it is essential to understand your rights and exercise them appropriately to find relief and stability.
Instead of trying to navigate all the legal obstacles and jargon on your own, consider the benefits of working with an Orange County failure to appear lawyer with The Umansky Law Firm. Our reliable team has decades of legal experience fighting for those accused of crimes in Florida. Reach out to our law firm today to set up an initial, free consultation.
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