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{"id":4229,"date":"2021-10-06T11:59:11","date_gmt":"2021-10-06T11:59:11","guid":{"rendered":"https:\/\/www.pcsbailbonds.com\/what-are-affirmative-defenses-to-failing-to-appear-in-court\/"},"modified":"2023-04-27T15:27:16","modified_gmt":"2023-04-27T15:27:16","slug":"what-are-affirmative-defenses-to-failing-to-appear-in-court","status":"publish","type":"post","link":"https:\/\/pcsbailbonds.com\/what-are-affirmative-defenses-to-failing-to-appear-in-court\/","title":{"rendered":"What Are Affirmative Defenses to Failing to Appear in Court?"},"content":{"rendered":"

You\u2019ve been arrested for a crime and released on bail. You were given a court date, wherein you were required to appear in front of a judge, but you miss your court date\u2014whether it was by accident or on purpose. What happens next?<\/p>\n\n\n

In Texas, failing to appear in court could lead to lots of problems\u2014you are looking at jail time and massive fines.<\/p>\n\n\n\n

Here\u2019s what you need to know about the consequences of missing your court dates and how PCS Bail Bonds can help if you\u2019ve been arrested for failing to appear in court.<\/p>\n\n\n\n

Is It a Crime to Miss Court?<\/strong><\/h2>\n\n\n\n

Is it a crime to miss a court date? The answer depends on the circumstances.<\/p>\n\n\n\n

According to the Texas Penal Code, Section 38.10, a person can be charged with Bail Jumping and Failure to Appear if \u201ca person lawfully released from custody, with or without bail, on condition that he subsequently appear commits an offense [by] intentionally or knowingly failing to appear in accordance with the terms of his release.\u201d<\/p>\n\n\n\n

Notice that it says intentionally <\/em>and knowingly<\/em>. When a person misses their court date intentionally, it is considered an offense.<\/p>\n\n\n\n

Penalties for Failing to Appear in Court<\/strong><\/h2>\n\n\n\n

Failure to appear in court is punished as a Class A misdemeanor. This comes with up to one year in jail and fines of up to $4,000.<\/p>\n\n\n\n

However, if the case was only punishable by a fine\u2014for example, you fail to appear in court for a speeding traffic ticket\u2014it is classified as a Class C misdemeanor and comes with a $500 fine.<\/p>\n\n\n\n

If you were on trial for a felony or misdemeanor and failed to appear in court, then this offense is punished as a third-degree felony. This means, a fine of up to $10,000 and prison time extending as far as 10 years.<\/p>\n\n\n\n

Beyond this, know that failing to appear in could make your situation very complicated.<\/p>\n\n\n\n

If you fail to appear at your court date, then its possible a judge can issue a bench warrant for your arrest. If you miss court for a serious offense, the judge even has the authority to send law enforcement to your place of work or to your residence.<\/p>\n\n\n\n

In addition, failing to appear in court could have a negative impression on the judges and jury. This could result in a guilty verdict or tougher punishments.<\/p>\n\n\n\n

It is highly advised that you don\u2019t miss your court date intentionally.<\/p>\n\n\n\n

Affirmative Defenses to Failing to Appear<\/strong><\/h2>\n\n\n\n

What if a person misses their court date by unintentionally<\/em>? Well, there are several affirmative defenses for failing to appear in court in Texas. If you have a good reason, the court could be willing to listen.<\/p>\n\n\n\n

The Texas Penal Code says, \u201cit is a defense to prosecution that the actor had a reasonable excuse for his failure to appear in accordance with the terms of his release.\u201d<\/p>\n\n\n\n

What kind of reasons could be used as an affirmative defense? Reasonable excuses for failing to appear in court include, but are not limited to:<\/p>\n\n\n\n