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Failure to Appear in Connecticut – What You Must Know
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When out on bail, one of the most important parts of the process is appearing in court when called upon. A failure to appear in Connecticut can have serious consequences for the accused as well as those responsible for the bond. Even though there can be unexpected situations that can cause you to miss court, there can be serious penalties for missing court no matter the reason, whether you’ve posted bail with or without a bondsman. Here’s a look at some of the most considerable consequences, after being charged with a failure to appear in Connecticut.
What Happens When a Defendant is Charged With a Failure to Appear in Connecticut
An Arrest Warrant Will be Issued
If the defendant fails to appear at a court hearing, the judge will issue an active warrant for their re-arrest. The accused can be taken into custody at any time once this has been issued. Although police won’t go and actively search for the defendant, any run-ins with the law, such as a pullover for a speeding ticket or other traffic stop, can result in an arrest.
Additional Criminal Charges
If a defendant fails to appear, additional criminal charges will be issued.
- Failure to appear is a Class A misdemeanor that’s punishable up to a full year in jail with a fine of up to $2,000.
- When a defendant misses court and one or more charges are a felony, the failure to appear is an additional felony offense.
- Failure to appear in the first degree is a Class D felony. A Class D felony offense has a maximum penalty of up to 5 years in prison with a fine of up to $5000.
Legal Action from the Bail Bond Company
The bail bond agency responsible for the bond guarantees to the court that the defendant will appear when scheduled when posting a bond. When a defendant fails to appear, the agency will try to locate their client and attempt to return them to police custody to avoid paying the full bail amount. While Connecticut bail agencies have the resources to bring defendants back to court, they only have a set time frame by the court to bring them back. In the case that the agency cannot find the defendant and has to pay the full bail amount, they have the right to take legal action against the individual who paid for the bond.
How to Appeal a Failure to Appear
There are hefty consequences when someone is charged with a failure to appear in Connecticut, but there are many unforeseen circumstances that can get in the way of you making it to court, such as a family emergency or sickness. There may be also other occurrences where failure to appears were caused accidentally by the court. In these situations, there are ways to appeal to the court to lighten the consequences.
Some acceptable reasons in which a judge may be more lenient to vacate an FTA charge may depend on the proof you present.
Secure Proof of Your Visit to the Courthouse
In certain cases, failure to appear charges were not willfully earned by the defendant, yet the accused was charged as if they didn’t show up because of a lack of information and understanding.
The courthouse staff may have misspelled names, or court dates could have been mixed with other locations. Defendants, who were present, may have never been called.
It’s always important to secure proof of your appearance, even if you’re told to leave, before exiting the courthouse. When you see the clerk, be sure to ask for any sort of documentation that you were there before going, so you can prove that you didn’t fail to appear and that the situation was not willful.
Life Circumstances
Life can always come in the way. Being ill, family deaths, emergencies, and other unexpected events can make it impossible to attend court. If you can provide proof, contact the courthouse the same or the next day to have your rearrest vacated, which means that the warrant is canceled and put back onto the court’s docket or calendar to be rescheduled for a later date.
No Notification for Hearing
This is a readily accepted excuse for missing a court hearing. By law, the defendant will be notified about the date of your hearing. If you have not received any notification about your date of hearing, the bench would not penalize you. But make sure that you have listed the correct address in the court file.
It’s important to note that when facing criminal charges, adding a failure to appear to a list of accusations against you can risk the help of a bail bonds company. In Connecticut, a failure to appear can cause a range of consequences, including the ability to obtain bail. Judges may consider a defendant a “high risk” and set higher bail amounts. On the other side, the assistance from bail bond agencies can become scarce as you build up FTA charges. A bank looks for a good credit score, while a bondsman looks at whether you go to court or not.
Having a loved one accused of a crime in Connecticut is stressful, anxious, and overwhelming. The professional bail agents at 3-D Bail Bonds will help. For years, our trusted team has assisted those in stressful situations, offering 24/7 consultations to ensure a fast jail release for our clients. We provide free financing with 0% interest. We also have Spanish-speaking agents available (También tenemos agentes de habla hispana disponibles 24/7). To learn more about our affordable bail bonds service, call (860) 247-2245 and speak to our team of agents at the main office in Hartford.
