What To Know About Failure To Appear

At least 17 traffic violations in North Carolina require you to attend a mandatory court hearing. Unlike other states, where you can plead guilty by mailing in your payment, North Carolina requires you to appear in court. And even if you were charged with an offense that does allow you to waive a court appearance, it is rarely in your best interests to do so.

So what happens if you received a traffic ticket or were charged with another criminal offense but failed to appear in court?

The first thing you should do is contact North Carolina criminal defense lawyer Ryan Stowe.

The Stowe Law Firm, PLLC, helps people who have been charged with a traffic offense or another crime but failed to appear in court. In many cases, Attorney Stowe will be able to minimize the severity of the consequences of a traffic violation. But your success will depend on contacting us as quickly as possible.

Punishment for Failure to Appear in Court

Failure to Appear (FTA) is a separate criminal charge with separate penalties. The severity of the penalties for failure to appear will vary based on the nature of the underlying charge.

Penalties for Failure to Appear for a Moving Violation

If you were issued a traffic ticket but missed your court hearing, you will generally have 20 days to make up the missed court date. Once this 20-day period has passed, the judge can issue a Failure to Appear (FTA).

Once the FTA has been issued, you will be assessed an additional $200 late fee in addition to the fine assessed for the original traffic violation.

In addition, the clerk of courts will report the FTA to the North Carolina Department of Motor Vehicles (DMV). The DMV will send you a letter advising that your driver’s license will be revoked if you do not resolve the FTA by a specific deadline. You will lose your driver's license if you do not address the situation.

If you are pulled over after your driver’s license has been revoked, you will face additional charges for driving with a revoked license.

Failure to Appear for a Misdemeanor

If you were charged with a misdemeanor and were released on bail but failed to appear at a court hearing, you will forfeit your bond. The judge is also likely to issue a warrant for your arrest. Once you are arrested and taken into custody, the judge will view you as a flight risk and will not release you on bond. You will need to remain in jail until your case is over. You could also face up to 6 months of additional jail time for failure to appear.

Failure to Appear After a Felony Charge

If you fail to appear in court on felony charges, the judge will issue a warrant for your arrest. Failure to appear after a felony charge is an additional charge that carries up to 8 months of extra jail time for first-time offenders. While it is unlikely that the court will send police officers out to search for you, there will be an active warrant for your arrest. Your name will be entered into a law enforcement database, and if you are pulled over in the future, you will be arrested for failure to appear. Once you are arrested after a Failure to Appear, you will face even more severe penalties.

How to Address Failure to Appear

If you fail to appear in court, understand that the FTA charges will not go away on their own and that you will eventually be caught. After you miss your court appearance, you should contact North Carolina criminal defense attorney Ryan Stowe as quickly as possible. If there were justifiable reasons for your absence, Attorney Stowe will explain them to the court. Regardless of the reason for your failure to appear, Attorney Stowe can help minimize the severity of the consequences.

Taking a proactive approach is the best way to mitigate the severity of the consequences of a failure to appear. Be sure to speak to a criminal defense attorney before you turn yourself in, and do not go to court or the police station without a lawyer. Attorney Stowe will protect your rights and prevent you from saying something that could result in additional criminal charges.

The Stowe Law Firm, PLLC: Serious Defense for Serious Crimes.

Depending on the nature of the underlying charge, failure to appear in court can have serious consequences. To minimize the severity of the punishment and protect your rights, you need an experienced and aggressive criminal defense lawyer on your side.

North Carolina attorney Ryan Stowe takes an aggressive approach to criminal defense. He is dedicated to providing the highest levels of professionalism to protect your rights and your liberty and proudly represents people in Cabarrus, Davidson, Mecklenburg, Rowan, Davie, and Stanly counties.

To learn more, contact the Stowe Law Firm today to schedule a confidential consultation to discuss your situation and how we can help.