When you are charged with a crime in Texas, you may find that the court date scheduled is incredibly inconvenient. Though you’ve tried to get out of work or find a babysitter, you may think that skipping your hearing is no big deal. However, failure to appear in Texas is something the courts take very seriously, and you may find that the penalties for this can be incredibly intense. Known as “failure to appear,” this can result in additional criminal charges, fines, jail time, and revocation of bail. As such, the following blog explores what you must know about failure to appear, and it’s critical to connect with Houston criminal defense attorneys who can assist you during these difficult times.
Is It a Crime to Miss a Court Date?
Skipping a court date in Houston or the surrounding Texas area is nowhere near the same as missing a doctor’s appointment or business meeting. If you do not appear for a court date, this is considered a crime. As such, you can face additional charges if you fail to appear for a scheduled court date. Unfortunately, the court does not care if you cannot miss work or have a vacation planned for the date you are supposed to appear. Under Texas law, missing a required court appearance is formally referred to as “failure to appear” and is a separate criminal offense that can result in additional charges, penalties, and a warrant for your arrest.
If you do not show up for your court date, you’ll be charged with failure to appear. Essentially, when you are not at your hearing, you’ll find that a judge will likely issue a bench warrant for your arrest. In addition to being put back in jail, you relinquish any bond you posted to get out of jail. This is because the bail serves as collateral for you to attend all scheduled court dates.
What Failure to Appear Means
- A criminal offense is triggered when you do not appear for a required court appearance
- This can lead to a bench warrant, which allows law enforcement to arrest you anywhere, at any time, including work, home, or even during a traffic stop
- Considered a violation of court orders and bail conditions
- This can hurt your credibility with the judge for the remainder of your case
What Penalties Can I Face for Missing a Texas Court Date?
The penalties you can face for failure to appear in and around Houston depend on the circumstances of the crime for which you are scheduled to appear.
Penalty Breakdown
If the crime is punishable by a fine, you’ll be charged with a Class C misdemeanor with a fine of up to $500, but if the original crime was a misdemeanor with the potential for jail time, this increases to a Class A misdemeanor, warranting up to one year in jail and a $4,000 fine.
However, if facing a felony charge and failing to appear, this is an additional third-degree felony offense, carrying two to ten years in prison.
Additional Consequences
- Immediate issuance of a bench warrant
- Loss of bail funds
- Potential for stricter probation conditions
- Increased likelihood of more intense sentencing
- Damage to your credibility in court
What Should I Do if I’m Going to Miss My Houston Court Date?
Generally, you should not miss your court date as the court is not very forgiving towards those who fail to appear. Typically, unless you are in a serious car accident on the way to the courthouse or end up hospitalized the day before your hearing, the court will hold you accountable for missing your date.
If something severe occurs or you have missed your court date, the most important thing to do is contact your attorney as soon as possible.
Immediate Steps to Take
- Contact an experienced criminal defense attorney immediately
- Determine if a warrant has been issued
- Attempt to resolve the warrant immediately through your legal counsel
- Gather documentation and evidence of the emergency that prevented you from making your court date
- Avoid further legal trouble by addressing matters proactively if and when possible
What Are Valid Excuses for Missing a Court Date in Houston?
While the courts, especially criminal courts, are strict, certain emergencies are considered valid and can be deemed legitimate under certain circumstances.
Examples of Potentially Acceptable Reasons
- Emergency medical circumstances, like hospitalization
- Car accident while traveling to your scheduled court appearance
- Clerical or scheduling errors
- Death in the immediate family
While these matters may be valid, documentation is imperative to support any excuse. Additionally, it is ultimately up to the discretion of the judge assigned to the case to approve the validity of the missed date. Similarly, even excuses deemed valid may need legal action to resolve.
Contact an Experienced Criminal Defense Attorney Today
As you can see, missing a court date can have intense implications. That’s why it’s imperative to work with an experienced attorney from the Gonzalez Law Group who can help you explore your legal options. Our team understands how these matters can impact you, so we will do everything in our power to assist you through these complicated matters. Contact us today to learn more.