Failure to appear in court in Texas, also often referred to as FTA, means that an individual missed a scheduled court date. In other words, someone did not show up in court when they were scheduled to.
In some situations, a person may be required to show up in a specific court at a specific time in Texas. Some common examples of when someone may have to appear in a court can include when they:
- Got a traffic ticket and have to go to traffic court
- Are charged with a crime
- Are asked to serve for jury duty
- Have to give testimony as a witness in a court case
- Are sued in a private lawsuit
Usually, when an individual is required to appear in any type of court, they will be given a specific date and time. For example, if they get a traffic ticket from a member of law enforcement, it will typically have a date and time written on it when the person is supposed to appear in court.
When the individual does not appear in court on that date and time, they may be charged with failure to appear in court. FTA means that the individual will face a criminal charge for not showing up.
When someone has an FTA, they can face various criminal penalties. The consequences of having an FTA can depend on the specific facts of the case.
In certain cases, the defendant may only have to pay a small fine. In other cases, a court may issue a warrant for the defendant’s arrest.
Whenever someone has any questions or concerns related to an FTA in Texas or if they think they may have an FTA, they should schedule a Texas lawyer consultation to find out more information as well as the steps they should take to clear up the issue.
Where and When Do I Appear in Court in Texas?
Usually, when someone has to appear in a Texas court, it is a very simple task. All they need to do is show up in the correct courtroom on the right date at the proper time. The address, date, and time are usually listed on the document, for example, the traffic ticket.
There are certain common legal documents that include court dates which tell people when they need to appear in court, such as summons, citations, and subpoenas.
Summons
Summonses are legal documents that are used in criminal cases as well as civil lawsuits. Defendants in criminal cases receive summonses. The parties to civil lawsuits will receive summonses.
The summons is a document that includes the location, date, and time that the court hearing is scheduled. When a summons is served on a party and they do not appear, it can result in a default judgment, which means they can lose the lawsuit. When the case is criminal, someone can face additional criminal charges if they do not appear if they received a summons.
Summonses can also be used to notify individuals who have been chosen for jury duty. It is very important that someone does not miss jury duty because they can face penalties including fines or even jail time.
Citation
Citations are often used by law enforcement officers when drivers commit one or more speeding and moving violations. Citations are also often called traffic tickets.
On traffic tickets, there will be information about the date, time, and place that the recipient has to appear in court. In many situations, the person who got a ticket can just pay the fine before the scheduled court date and they will not have to go to court.
Subpoena
Subpoenas are court orders that tell individuals they must appear in courts for certain legal proceedings. These types of orders are often used when someone is needed as a witness in a legal proceeding.
If someone does not follow the instructions in their subpoena, they can be charged with contempt of court. This means that, if the individual was only called as a witness and did not commit any crime, they can still face jail time or criminal fines for not following the subpoena.
Appearing in Court
No matter the reason why a person has to appear in court, there are some basic rules that they should adhere to. Appearing in court is a responsibility that should be taken seriously.
Everyone who appears in court should act respectfully to all court staff and other parties. Guidelines that all who appear in court include:
- Wearing appropriate clothing
- Choosing clothing that is clean and neat
- Wearing shoes
- The court knows that not everyone has a professional suit or can afford expensive clothing
- Simply appearing neat
- Putting away cell phones and put them on silent
- Not eating or drinking
- Not chewing gum
- Not bringing a camera or taking pictures
- Not bringing any weapons
- Not speaking in court unless asked to
These guidelines are important because courts are busy and following these rules allows them to run smoothly and allows each case to be given the required time and attention. To find out more about appearing in a Texas court, it is important to counsel with a Texas lawyer.
In Texas, What Happens if You Don’t Show up To Court?
If an individual does not appear for their court date in Texas, the court can charge them with Failure to Appear, as previously noted. In Texas, an FTA may result in a bench warrant for the individual’s arrest, additional fines, court costs, and a separate criminal charge.
The penalties the individual may face may increase depending on their original offense. For example, if the original offense is Class C Misdemeanor, the individual can face a $500 fine.
If the original offense is a Class A or Class B Misdemeanor, the individual can face up to one year in jail and a $4,000 fine. If the original offense was a felony, an individual can face two to 10 years in prison and a $10,000 fine.
Additional consequences may include bail bond forfeiture and a potential driver’s license suspension.
Are There Defenses for Failure To Appear in Texas?
Yes, there can be some available defenses to failing to appear in Texas. A hearing will be scheduled for the FTA, where a defendant can present any available defenses to the court.
Examples of what may be considered valid defenses by a court may include:
- A natural disaster occurred
- The individual had a death in the family
- The individual did not get proper notice of the court date
- The individual had a serious illness
- The individual was in an accident
- The individual had another court appearance scheduled before the one they missed
An individual must receive legal notice of their court date, usually by mail or delivered by personal service. If they received proper legal service but did not appear, they can face FTA charges.
If a court does not excuse the individual’s absence, it is essential that the individual appears for any future court dates, as any additional missed court dates would be taken more seriously.
What Happens if You Don’t Show up to Civil Court in Texas?
If someone does not show up to civil court in Texas, a bench warrant may be issued for their arrest. This does not mean law enforcement will actively look for them but they can be arrested if they are pulled over or have other interactions with law enforcement.
Not appearing can impact a civil case. A court can rule in favor of the other party and the party who did not appear may not be able to re-file their lawsuit.
Failure to appear in civil court can result in penalties such as criminal FTA charges, jail time, criminal fines, and suspension of their driver’s license.
Do I Need a Texas Lawyer for Failure To Appear in Court Issues?
If you are facing failure to appear charges in Texas or if you have any questions about failure to appear issues, it is essential to consult with a Texas criminal defense lawyer. Your criminal defense attorney can explain the penalties you might face for FTA.
Get started today using LegalMatch’s no-cost lawyer-client matching services to find a Texas criminal defense lawyer in your area who can help you resolve your FTA issues or concerns. Simply submit your FTA question or issue online and, in around one business day, you will receive responses from Texas lawyers who are licensed, prescreened, and ready to assist you.
