In some cases, an individual may be required to appear in a specific court in California. Common examples of situations when an individual may be required to appear in court include, but may not be limited to:
- Receiving a traffic ticket and being required to go to traffic court
- Being charged with a crime
- Having to give testimony as a witness in a court case
- Being sued in a private lawsuit
- Being asked to serve for jury duty
Typically, when someone has to appear in court, they have to be there at a specific date and time. For example, if an individual receives a traffic citation from law enforcement, it will usually have a time and date on it when the individual has to appear in court.
Failure to appear (FTA) means that someone missed their scheduled court date. In other words, they did not appear in court when they were supposed to.
When a person does not show up for court on the date and time they were scheduled to appear in court, they will often be charged with failure to appear in court. This is commonly abbreviated as FTA.
FTA means that an individual is facing a criminal charge for not showing up. Having an FTA can result in various criminal penalties.
The consequences of an FTA will depend on the specific facts of the situation. In some cases, the defendant may only be required to pay a small fine and in others, the court may issue a warrant for their arrest.
If an individual has any concerns, including whether there may be an FTA warrant out for their arrest, they should schedule a California lawyer consultation to determine the steps they should take.
Where and When Do I Appear in Court in California?
Typically, appearing in court in California is very simple. All someone needs to do to appear in court is to show up in the courtroom on the right date and at the right time. The location, date, and time will typically be on the legal document.
Common legal documents that have court dates telling individuals when they have to appear in court are subpoenas, summons, and citations.
Subpoena
A subpoena is a court order that tells someone they have to appear in court for a certain legal proceeding. These orders are typically used when an individual is needed as a witness in a legal proceeding.
If an individual does not follow the instructions contained in the subpoena, they may be charged with contempt of court. This means, even if the person was only called as a witness and did not commit any criminal offenses, they may face jail time or fines for not following the subpoena.
Summons
A summons is a legal document used in both civil lawsuits and criminal cases. All parties in a civil lawsuit will receive a summons. Defendants in criminal cases will receive a summons.
This document will have the place, date, and time, that a court hearing is scheduled. If a summons is for a civil lawsuit and a party does not appear, it may result in a default judgment, meaning they lose the lawsuit. If it involves a criminal case, the individual may face additional criminal charges for not appearing.
A summons may also be used to notify someone they have been chosen for jury duty. It is important not to miss jury duty, as there may be penalties, such as fines or even jail time.
Citation
A citation is commonly issued by a law enforcement officer when a driver committed one or more speeding and moving violations. A citation is also often referred to as a traffic ticket.
On this ticket, there will be a section stating the date, time, and place that the individual has to appear in court. Many times, the individual can simply pay the fine prior to the court date and they will not have to appear in court.
Appearing in Court
No matter why an individual is appearing in court, there are certain basic rules they should follow. It is an important responsibility that should be taken seriously.
It is important to act respectfully. It is also important to be aware that, although each court may have different rules, there are certain guidelines that apply no matter what court an individual appears in, such as;
- Wear appropriate clothing
- Choose clothing that is clean and neat
- Wear shoes
- The court knows that not everyone has a professional suit or can afford expensive clothing
- Simply appear neat
- Put away cell phones and put them on silent
- Do not eat or drink
- Do not chew gum
- Do not bring a camera or take pictures
- Do not bring any weapons
- Do not speak in court unless asked to
These rules are important, as courts are very busy and these rules allow them to run smoothly and allow each case to be given its needed time and attention. For more advice on appearing in a California court, it can be very helpful to reach out to a California lawyer.
In California, What Happens if You Don’t Show Up To Court?
In California, if someone does not appear for their court date, the court may charge them with Failure to Appear, as discussed above. In California, FTA for a traffic ticket is typically a misdemeanor. However, if the FTA is based on bail or a more serious case, it may become a felony offense.
An FTA may result in the following penalties:
- A failure to appear warrant for the defendant’s arrest
- Time in jail
- Criminal fines
- Suspending or revoking of the defendant’s driver’s license.
Are There Defenses for Failure To Appear in California?
Yes, there may be defenses for failure to appear in California. A hearing will be scheduled for the FTA, where the defendant will be able to present their defenses to the court.
It is important to note that not every reason presented will be considered a valid excuse. Common examples of defenses that may be considered valid by a court include:
- The defendant did not receive proper notice of the scheduled court date
- There was a death in the defendant’s family
- There was a natural disaster
- The defendant had a different court appearance that was scheduled before the one they missed
- The defendant was experiencing a serious illness or was in an accident
A defendant must be given legal notice of their court date, typically by mail or by hand delivery. If the defendant did have proper notice but they did not appear, they can be charged with FTA.
If a court does excuse a defendant’s absence, it is very important that the defendant appear for any subsequent court dates, as future missed court dates would be taken more seriously.
What Happens if You Don’t Show up to Civil Court in California?
If an individual fails to appear in civil court, the judge may issue a bench warrant for their arrest. This does not mean law enforcement will actively search for them. It does mean, however, if they are pulled over at a traffic stop or are otherwise involved with law enforcement, they will be arrested.
If an individual fails to appear in a private lawsuit, it may affect their case. The court can dismiss their case or automatically rule in favor of the other party. It may also result in the inability to file the same lawsuit again.
Failing to appear in civil court may also result in additional penalties, including criminal charges for FTA, jail time, criminal fines, and driver’s license suspension.
If an FTA is based on a criminal case, the consequences may be more severe. If the defendant is charged with a more serious crime, law enforcement may be sent out to find them and bring them to court.
If the defendant is out on a bail bond following a criminal charge, they could lose the money they posted because failure to appear at their court date is considered to be a violation of the terms of their bond. If the defendant wants to get out again, they will need to post another bond, which will likely be much higher than the first.
In addition to these issues, the defendant will face their original criminal charge as well as the charge of failure to appear. This additional FTA charge may result in more serious penalties.
Do I Need a California Lawyer for Failure To Appear in Court Issues?
If you are facing failure to appear charges in California, it is essential to consult with a California criminal defense lawyer.
Your lawyer will explain the possible penalties you may be facing and help you understand how to appear for court.
Get started with LegalMatch’s free attorney-client matching services today to find a California criminal defense attorney near you who can help with your FTA question or case. Simply complete the online submission process and, in about a business day, you will get responses from California criminal lawyers who can help.
