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What Happens After a Failure to Appear?
When a criminal defendant is scheduled for a hearing he or she is required to appear before the judge. A failure to appear (FTA) means that the defendant did not appear as he was supposed to. In Florida, failure to appear is a separate criminal offense, with its own penalties. The situation is treated differently depending on the circumstances of the event. For example, failure to appear on a misdemeanor charge is treated differently than for a felony charge. If you are supposed to appear in court, speak to an attorney who can represent you throughout the process and help keep you informed of what you need to do.
Penalties for Failure to Appear
When a defendant fails to appear, the judge will issue a bench warrant. A bench warrant is a no-bond warrant that requires the defendant to immediately be taken into custody. Once a warrant is issued you can be picked up almost anywhere. If you are stopped for a traffic violation the police will find that you have a warrant and you’ll immediately be put in custody. It’s best to always appear for your court hearings, no matter what the possible consequences. If you have already failed to appear there are some steps you can take to resolve the problem.
Should I Surrender?
There are several choices you have if you have failed to appear. You can choose to surrender, at which time you’ll be placed in custody. Rather than immediately go to jail, your attorney can file a motion to surrender, which would allow you to surrender to a courtroom instead of directly at jail. Another option is for your lawyer to file a motion to withdraw the failure to appear and request a new court date. The judge will decide how to proceed and will take many factors into consideration, including the severity of the original crime as well as your criminal history.
What to Do After a Failure to Appear
If you don’t do anything after an FTA you’ll be facing a number of problems. You’ll be ineligible to receive unemployment compensation and government support and you could have your driver’s license suspended. An active warrant could make it difficult to get a job because this issue will appear during a background check. Similarly, you’ll have problems renting an apartment. An FTA will also carry its own penalties. The best option available to you is to immediately seek assistance from an experienced criminal attorney. Your lawyer will review your case and help determine your options as well as guide you through the next steps.
Decades of Trusted Service. Hundreds of Grateful Voices.
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“David Katz sets the standard by which all other defense attorney's must measure. He not only knows his craft and has the experience to back it up, he relishes forcing his opponents to follow the law towards the best outcome for his clients.”- Karate K.
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“Christine Vazquez took on our case with a 24hr commitment. She put everything on the line to hold the judicial system accountable.”- Phil W.
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“I can’t thank attorneys Christine Vazquez and David Katz enough for the incredible job they did on my DUI case.”- Gabriel H.
Why Hire Katz & Phillips?
Some important reasons to secure experienced representation include:
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Board-Certified* Attorneys
Our founding attorneys are two of three board-certified* DUI defense lawyers in the state.
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Former Prosecution Experience
As former prosecutors, we bring an invaluable perspective and skillset to every case.
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High Success Rate in Criminal Defense
With a 90%+ success rate, our proven track record of success speaks for itself.
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Decades of Experience
With more than 10,000 cases handled, our advocates are well versed in criminal law to help you navigate your case with care and efficiency.
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Always Responsive
Our team is available to take your call and address any questions or concerns you have.
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Financing Available
The last thing you need during a criminal case is financial stress. Our firm offers financing with no credit check required.
Meet Your Dedicated Defense Team
Led by two of Florida's Board-Certified* DUI Experts, Our attorneys bring together more than 50 years of success, defending clients across Florida against criminal and DUI charges.
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DUI Charges Reduced
The court deemed all other conditions satisfied so M.A. did not have to go on probation at all and walked out of courthouse with a fine and fees to pay, and the case behind her.
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Case Dismissed
J.A.R. had had a previous DUI conviction and was facing mandatory jail time if convicted of this offense. In reviewing the discovery provided by the state, our team found several issues with the police investigation, and realized that our clients’ rights had been violated.
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All Charges Dropped
In reviewing the evidence provided by the State our team realized that T.R.’s rights had been violated when she was immediately illegally arrested by the Trooper. Further, there were many other errors made by the Trooper which would result in the evidence gathered being suppressed.
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All Charges Dropped
In this case, our client, R.H., was out with friends. A family member who was angry with him tracked his location by tracking his cell phone, called the police, told them he was very drunk, and led the police right to his car. The officers stopped his car and eventually arrested him.
Our Case Results
Two of Florida’s only Board-Certified* DUI Defense experts fighting for you.
- DUI Charges Reduced
- Case Dismissed
- All Charges Dropped
- All Charges Dropped
