Missing a scheduled court date can have serious legal consequences. Whether due to an oversight, misunderstanding, or unavoidable circumstance, failing to appear (“FTA”) in court can lead to the issuance of an Order for Arrest (“OFA”). Understanding what these terms mean, the potential penalties, and how an attorney can assist in resolving the situation is crucial for anyone facing this issue.
What is a Failure to Appear (FTA)?
A Failure to Appear (“FTA”) occurs when a defendant or witness does not show up for a scheduled court hearing. This can happen in both criminal and civil cases. In criminal cases, an FTA can be particularly problematic as it signals to the court that the individual is not complying with judicial proceedings. FTAs may cause the DMV to suspend an individual’s license until they comply.
What is an Order for Arrest (OFA)?
If a person fails to appear in court, the judge may issue an Order for Arrest (“OFA”). This order gives law enforcement the authority to take the individual into custody. An OFA is especially common in criminal cases where the defendant is out on bond or has a pending matter that requires their presence in court. The OFA can remain active until the individual is arrested or until legal action is taken to have it removed.
Consequences of an FTA and OFA
The consequences of failing to appear and having an Order for Arrest issued against you can be severe. Some of the potential repercussions include:
- Arrest and Detention: Law enforcement may actively seek to detain the individual, leading to time spent in jail until a court hearing is scheduled.
- Increased Penalties: Courts may impose additional fines, fees, or harsher sentencing due to the missed appearance.
- License Suspension: In some cases, an FTA can result in a suspension of the individual’s driver’s license, making it difficult to commute to work or meet other obligations.
- Impact on Bail or Bond: If a defendant is out on bail, failing to appear could lead to bail forfeiture or an increase in bond requirements upon re-arrest.
- Additional Charges: In some jurisdictions, failure to appear can lead to separate criminal charges, compounding the legal challenges the individual faces.
How an Attorney Can Help Strike an FTA and OFA
If you or a loved one has missed a court date and an OFA has been issued, an attorney can provide critical legal assistance. Here’s how:
- Filing a Motion to Strike the FTA and OFA: An attorney can file a motion requesting that the court remove (aka “strike”) the FTA and OFA, particularly if the absence was due to a legitimate reason, such as medical emergencies or clerical errors.
- Negotiating with the Court: An experienced lawyer can communicate with the judge and prosecutor to explain the circumstances surrounding the missed court date and argue for leniency.
- Preventing Further Legal Consequences: By promptly addressing the issue, an attorney can help prevent additional charges, fines, or penalties that could result from an outstanding FTA or OFA.
Conclusion
A Failure to Appear and an Order for Arrest are serious legal matters that should not be ignored. If you have missed a court date and are facing an OFA, seeking legal representation is crucial. Ley Law can help you navigate the legal system, request the removal of the FTA and OFA, and work to minimize any further consequences. If you are in this situation, don’t wait—contact Ley Law to protect your rights and resolve the issue as soon as possible!
Abigail Killinger Author
Abigail Killinger is an Associate Attorney at Ley Law, where she brings a client-centered approach to her practice areas, which include Criminal Defense, Family Law, and Civil Matters. Abigail graduated summa cum laude with a B.S. in Political Science from East Carolina University in 2020, where she was awarded the John P. East Scholarship. She went on to earn her Juris Doctor from Brigham Young University’s J. Reuben Clark Law School in 2023.
