Is Failure to Appear a Felony?
Answer
The short answer to the question is: it depends on the jurisdiction. But what does it really mean, and what are the consequences of failing to appear?
What is a Failure to Appear (FTA)?
A failure to appear (FTA) is when a person charged or convicted of a crime misses a court date without contacting the court or arranging alternative dates. This can be due to various reasons such as:
• Mislabeled court date or venue
• Unavoidable circumstances (e.g. family emergency, travel-related issues)
• Procedural errors (e.g. incorrect notification or failed attempts to notify the person)
• Intentionally evading the justice system
Is FTA a Felony in Any State?
FTA itself is not a felony everywhere. In most jurisdictions, FTA is classified as a misdemeanor or an ordinance violation. However, under certain circumstances, failing to appear can lead to charges with more severe consequences:
Felony-Style FTA Charges:
• Bench warrant: In some cases, failing to appear may warrant the issuance of a bench warrant, a search warrant that allows authorities to locate and apprehend the individual.
• Parole or probation violations: When a person has committed an FTA while already on parole or probation, they may face revocation of their supervision status.
• Wider repercussions: In extreme situations, a pattern of repeat FTPs or FTA from serious crimes (e.g., violent offenses, or repeat offenders) might constitute a felony charge, emphasizing the gravity of the case.
State-Specific FTA Laws
State laws regarding FTA penalties and classification vary, with some notable differences highlighted below:
Some states with felony charges:
• New Mexico: FTA in itself is a felony-level violation (up to 36 months in prison) while still allowing for consideration for diversion programs.
• Mississippi: "Capias Pro Facias" law in MS allows for warrants where non-appearance could land the individual in Up to 5 years prison time.
• Ohio: FTA deemed a F3 offense (felony class), punishable by 10 months to 1-year prison sentence.
Where FTA is considered an ordinance violation:
• California: typically dealt with as a municipal crime (infraction) until further action is taken. The court may schedule future court dates or assign to community service.
• Florida: FTA generally classified as an ordinance violation, allowing municipalities to handle the offense individually.
• Illinois: FTA generally penalized as a civil liability or a traffic-related infractions.
Tables – Comparison of FTA Crimes and Penalties in different States
| States | Funding or Classification | Maximum Sentence | Repercussions | Notes |
|---|---|---|---|---|
| New Mexico | felony | 36 months (in prison) | (Parole or) Wider repercussions | **FTA alone is a felony |
| Mississippi | Capinas Pro Facias law felony | 5 years in prison | worse | high likelihood of imprisonment |
| Ohio | F3-offense felony | 12 months in prison | Worse | Felony consequences with imprisonment |
1 California | ordinance-violation infraction | capias – Wider repercussions | municipal management |
1 Florida | ordiance-violation traffic & fines | Wider | individual handling |
| Illinois | municipal or civil liability finetraffic | Parol or fines/restraining orders Wider repercussions | Note – depends on jurisdiction (Cities vs. State ) & seriousness of the offense |
Additional Repercussions
1 Civil Liabilities: An individual may face monetary payments to the court or creditor due to non-payment fees or fines.
- Wider Impacts: FTA in felony cases can lead to probation violations, parole restrictions or re-arrest (enhancing the risk).
• Criminal Migrations: FTA while subject to a Conditional Suspended Sentence (CDOC) or **Active Corrections Program (ACP) | (e.g. deferred prosecution) can prompt felony recategorization with criminal sentences.
Take-Aways
• Isolated failure to appear without notice is generally a non-serious offense.
• More serious consequences arise with circumstances, such as warrants and Felony -charges for repeat offenders ( repeat) or in critical incidents like violent crimes
• FTA- penalty -varies-between, States, and some felony classifications exist in extreme.
Conclusion
Fail to appear (FTA), when not taken into a larger context, generally entails penalties ranging from warnings (e.g., Illinois) to felony warrants or imprisonment (in particular instances). It must be understood individual state laws and penalties surrounding FTA- offenses before drawing conclusions based solely on the action | It is crucial both understand the jurisdiction specifics around FTPs – whether considered a misdemeanor with an ordinance violation penalty classification.
