California Penal Code section 1320 states, “Every person who is charged with or convicted of the commission of a misdemeanor who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a misdemeanor…Every person who is charged with or convicted of the commission of a felony who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required is guilty of a felony”
Failing to appear in court constitutes a crime if you fulfill the following four elements. The elements are:
It is important to note that for the second element regarding release from custody, different release methods can lead to different Penal Code violations.
Failing to appear in court is a wobbler offense in California, meaning that it can sometimes be charged as either a misdemeanor or a felony. In the case of PC 1320, the evading court on a misdemeanor case will result in a misdemeanor, while evading a felony court date will result in a felony offense. As mentioned earlier, factors like bail payment can also impact the severity of the punishments.
When you fail to appear for a court date for a misdemeanor offense, the court charges the crime as a misdemeanor. The punishments can include:
When you fail to appear for a court date for a felony offense, the court charges the crime as a felony. The punishments can include:
When you fail to appear for a court date for a felony offense with bail posted, the court charges the crime as a felony. The punishments can include:
You can defend yourself in several ways if authorities wrongfully accuse you of criminally failing to appear in court. Some of these include:
You must fail to appear intentionally to face charges for the crime. There are several reasons why this may not be the case. Simply forgetting about your court date is not a crime, you must have knowledge of the court date and willfully decide not to go. Even if you did purposefully fail to appear, it is only a crime to do so if you were trying to avoid the legal process. There are many legitimate reasons as to why you would have to miss a court date. For example, you may have been sick or injured.
Lastly, sometimes our legal system does make mistakes in coordinating dates for court appearances. It is not uncommon for the court to expect you to come on an incorrect date, or one that is different from what they told you. If the court made a mistake causing your failure to appear, you can use it as a defense. KAASS LAW provides expert legal defense for individuals charged with failing to appear in court under California Penal Code 1320.
The Hidden Risks of Airbag Deployment One of the most crucial safety features in contemporary cars is the airbag. In…
After a serious truck accident, you will often hear references to "FMCSA regulations." The Federal Motor Carrier Safety Administration (FMCSA)…
Months after the devastating Eaton Fire swept through Altadena and surrounding communities, Los Angeles County has released its long-awaited after-action…
Road construction is a constant presence on California's busy highways. While these work zones are necessary, they also create temporary…
It’s a common sight on California's roads. A driver flicks a still-lit cigarette butt out of their car window. Many…
When a large commercial truck is involved in an accident, the consequences are often devastating. Furthermore, these incidents are rarely…