California Penal Code 853.7/Vehicle Code 40508: Failing to Appear in Court

Legal Definition: Any person who willfully violates his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested. (PC 853.7)

VC 40508(a): A person willfully violating his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.

What does this mean?

This is also known as an FTA – Failing to Appear in Court. In most misdemeanor cases, whether you are arrested or not, you have to sign a written promise to appear in Court. This promise is not an admission of guilt, but rather a promise you are to appear in Court on the date of your Citation. By not appearing on your written promise to appear, you not only will have a warrant issued for the charge you did not appear for, but you could also face a new charge of either of the above sections as a new misdemeanor charge.

You can also receive this charge if you do appear in Court, but thereafter, after an agreement to appear when a Judge releases you on your Own Recognizance, but thereafter fail to return to Court.

Penalties

In addition to your underlying criminal charge, a conviction under this section could add up to six months, as a new misdemeanor conviction. In addition, if you fail to appear enough times in Court, a Judge could order you remanded into custody while your case is active, and even set bail even in a misdemeanor case. You would have to serve 50% of that time in custody.

Common Defenses

1. Statute of Limitations
2. Insufficient Evidence
3. Violation of your Rights
4. Mistake of Fact

Generally, hiring an attorney is your best-case scenario to avoid custody time for failing to appear in court for your case. Sometimes, because most citations are written by police, the date is hard to read. Let’s say your Court Date looks to be 10/23, but in actuality, it was 10/22. So, while you were at work or at home, on 10/22, a Judge issued a warrant for your arrest and added an FTA charge to your case. Then, you hire an attorney, who is able to convince a Judge it was not a willful violation, but rather a simple mistake. You cannot violate this section if it was an honest mistake.

Call Today

Failing to appear in court can lead to severe repercussions, including custody and the potential loss of your driver’s license renewal privileges. These consequences underscore the importance of expert legal representation to navigate the complexities of such charges.

Why Inland Empire Criminal Defense?

• Proven Track Record in Defending PC 853.7 Charges: Our PC 853.7 Ontario attorney boasts a significant history of successfully defending clients against charges of failing to appear in court. Through strategic legal maneuvers, we’ve managed to reduce or completely dismiss charges, safeguarding our clients’ freedom and rights.
• Dedicated Legal Protection: We understand the stress and uncertainty that comes with these allegations. Our mission is to provide a robust defense, ensuring that a missed court date doesn’t lead to disproportionate penalties or disrupt your life.
• Accessible and Supportive: Legal challenges don’t adhere to a 9-to-5 schedule, which is why we offer 24/7 availability to address your concerns. Our initial consultation is complimentary, allowing you to explore your options and receive expert advice without any financial obligation.

Begin Your Defense Now

Facing charges for failing to appear in court requires immediate and effective legal intervention. At Inland Empire Criminal Defense, we are committed to deploying our extensive experience and strategic insights in PC 853.7 cases to deliver the best possible outcome for you.

Engage With Expert Legal Representation

Don’t let the fear of custody or the loss of driving privileges define your future. Contact Inland Empire Criminal Defense for premier legal assistance in navigating your PC 853.7 charges. Our proven track record and dedication to client success set us apart as your ideal legal advocate. Dial 909-939-7126 for a free consultation and embark on the path to securing your rights and peace of mind. Our office in Ontario, CA, is strategically located to provide clients across the Inland Empire with superior legal services.