Ridgefield Failure to Appear Lawyer
While it is not uncommon for people accused of criminal offenses to be allowed to go home after arraignment rather than be confined in jail until their trial, courts only do this based on the assumption that the defendant will return for their court date when summoned and will not be a danger to society upon release. Focusing on the former, anyone who is released from jail and then fails to show up to court may have additional criminal charges added to their case for Failure to Appear, even if that failure was entirely unintentional and unavoidable.
Fortunately, it is also not uncommon for cases like this to be resolved amicably and without the defendant facing additional repercussions, provided they have help from a skilled defense attorney. You have very limited time to pursue this kind of resolution, so contacting a Ridgefield Failure to Appear lawyer should be your top priority when you realize you have missed a court date.
How the Penal Code Addresses Failure to Appear
Police officers in Connecticut may charge someone with Failure to Appear in the Second Degree or Failure to Appear in the First Degree depending on what type of court proceeding they failed to appear for. Someone who willfully fails to appear in court for a summons related to a misdemeanor criminal case or traffic violation after having been released on bail or while on probation related to the offense has committed the former variant of this offense, which Connecticut General Statutes (“C.G.S.”) §53a-173 categorizes as a Class A misdemeanor punishable by up to a year of jail time and/or $2,000 in fines.
Conversely, someone who willfully fails to appear for a court proceeding related to a felony charge while out on bail or on probation for that offense has committed the latter variant of this offense and may be charged with a Class D felony under C.G.S. § 53a-172, punishable upon conviction by a maximum five-year prison term and/or $5,000 in fines. As a Ridgefield Failure to Appear attorney can further explain, any sanctions imposed upon conviction for either degree of this charge will be in addition to whatever sanctions the defendant may face for their original criminal charge or violation.
Resolving a Failure to Appear Charge Without an Arrest
Importantly, under the law you must willfully and intentionally miss your court date in order to be charged with and convicted of Failure to Appear. While accidental and unavoidable failures to appear caused by things like unexpected hospitalization or a family emergency will not be forgiven automatically, a Failure to Appear lawyer in Ridgefield can help you explain things to the court, which will usually agree to reschedule the trial provided you act quickly and considerately.
The longer you wait to admit your offense to the court, the more difficult it will be to convince that court not to prosecute you for Failure to Appear. This is especially true if the court issues a warrant for your arrest in response to your Failure to Appear and you are brought back to court after being arrested rather than coming in voluntarily to try to resolve the matter yourself.
Contact a Ridgefield Failure to Appear Attorney Today
Failure to appear for a court date is a very serious matter, but that does not mean it is one that is impossible to get a favorable result from. That said, time is of the essence here, not just in how quickly you get in touch with the court but also in when you get help from a qualified legal professional who can negotiate with the court on your behalf.
The assistance you need with your case is available from a Ridgefield Failure to Appear lawyer. Call Mark Sherman Law to discuss your options, or read what past clients have said on Avvo.com about working with us by clicking here.