Failure To Appear

Failure To Appear Criminal Lawyer

If you have failed to make a court appearance in Daytona Beach, the penalties can be severe. Failure to Appear (FTA) is a serious offense. You might have forgotten about a subpoena, or an emergency came up on that date. Whatever your reason for failing to appear in court, you need a skilled criminal defense lawyer to consult about your case. 


Failing to appear in court can lead to increased fines, jail crimes, additional charges, and other penalties. Time is essential, and you don’t want to wait to speak to an attorney. You need the help of a Daytona Beach criminal defense lawyer who can help you steer through this situation.

Failure To Appear in Daytona Beach

“Failing to appear” can cover several circumstances in Florida. Some of them include:

  • Failing to appear when subpoenaed/summoned- If you were unable to appear in court as a witness, you could face severe legal consequences. With any order to appear, you must show for your scheduled date. Failing to show up often results in a bench warrant issued for your arrest.
  • Failing to appear in a criminal court: Failing to appear for a pretrial hearing usually ends with the judge issuing an order for your arrest (bench warrant). However, your lawyer may provide the court with a legitimate reason for your absence. In that case, the judge will require you to reappear. If you are arrested for a failure to appear in a criminal case, your bond or bail can be revoked. You could end up incarcerated until your issue is resolved. Some prosecutors might even file separate criminal failure To appear charges against you. 
  • Failure to appear for probation or parole: If you have been sentenced to probation or parole, you are under the supervision of the court. When you fail to show up for an appointment, it could be considered a failure to appear, or probation violation. As a result, you have violated a court order, and a warrant could be issued for your arrest. 
  • Failure to appear for trial: For those who fail to show up for court, you could be convicted after a “trial in absentia.” The courts may move ahead with the trial without you having the ability to present a defense. 

Penalties for Failure To Appear

When you fail to show up for a court appearance, the judge will issue a bench warrant for your immediate arrest. A bench warrant is a written order authorizing the arrest of an individual who is in contempt. No matter the type of warrant issued for you, the police have the authority to arrest you. 


All your information is added to the court’s system, and you could be subjected to arrest at any moment. You could be detained during a traffic stop, the police might show up at your business or home, or law enforcement could stop you on the street. In any case, you don’t want those charges hanging over your head. You should immediately contact a criminal defense lawyer in Daytona Beach for your case.

What Happens With a Bench Warrant?

In Daytona Beach, you can search Florida’s free public warrant database. If you are concerned about your case, you might want to verify your status with the Volusia County Clerk of the Court. 


However, you can also consult with a criminal defense attorney. Many people don’t want to check for themselves, feeling that they could alert the courts to their current location. In that situation, it is vital to contact a criminal defense lawyer like Darryl Smith. 


An outstanding warrant can cause troubles in your life. You could find issues with renting a home or gaining a job. If you have government benefits, like Medicaid or social security, they may become disrupted due to the warrant. 


You never want to allow a warrant to stay on your record. It is crucial to reach out to a criminal defense attorney to clear up the matter with the courts. Darryl Smith has successfully helped those who have faced failure to appear charges. He will make sure you are treated with fairness in Florida’s criminal justice system. 

Arrested After a Failure To Appear Charge

After you have been arrested, you are taken to the local jail and must post bond. In most cases, you might have to pay the existing bond of the previous criminal charges, along with the failure to appear bond. For those facing a felony, a failure to appear warrant will also result in a “no right to jail” release. 


You never want to face these charges by yourself. To schedule a bond hearing, a criminal defense lawyer must file a motion. This bond hearing is often scheduled at the same time as your criminal arraignment.

Felony or First Degree Misdemeanor for Failure To Appear

You should never skip a day in court. However, some circumstances may cause you to miss these dates. If you have been charged with a felony or first-degree misdemeanor, there are harsher penalties for missing a court date. According to Florida Statute 843.15 (b), you will:

  • Forfeit your bond
  • Face automatic conviction on misdemeanor or third-degree felony charges


You could also face potential jail time and increased fines. Fines of $5,000 and five years in jail are a maximum penalty for a felony charge. Misdemeanors can lead to a year in jail and a $1,000 fine. 


With all these severe consequences, you don’t want to risk your freedom with a failure to appear charge. Along with that, you don’t want to spend your time in Daytona Beach worrying about a bench warrant for your arrest.

Experienced Daytona Beach Defense Lawyer

Darryl Smith can assist with your case. He has the experience to help you avoid any other legal consequences. The longer you wait for help, the more problems you will face down the road. Don’t spend another day worrying about your legal circumstances. Call Darryl Smith, Daytona’s top criminal defense lawyer today.

Let Darryl help you!

If you have any questions, call or email Darryl today for a free case review/consultation.

Call : (386) 310-2086 7 days/week 24 hours