Failure to Appear in Court in California – Penal Code 1320 Explained
Failure to appear in California occurs when a person who is legally required to attend a court hearing willfully does not show up.
This offense, commonly referred to as “FTA,” can lead to additional criminal charges, fines, and the issuance of a bench warrant for arrest.
Courts take missed appearances seriously because they disrupt the judicial process.
Whether the original case involves a misdemeanor, felony, or traffic violation, failing to appear can create new legal problems beyond the underlying charge.
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What Is Failure to Appear Under California Law?
Failure to appear in California occurs when a person who is legally required to attend a court hearing willfully does not show up as ordered.
This offense applies when someone has notice of a scheduled court date and intentionally fails to appear without a valid excuse.
Failure to appear can arise in criminal, traffic, or citation-based cases and is typically charged under statutes such as Penal Code 1320, Penal Code 1320.5, or Vehicle Code 40508, depending on how the person was released and the type of case involved.
When You Are Legally Required to Appear
You may be obligated to appear in court if you:
- Were ordered by a judge to return on a specific date
- Signed a written promise to appear after receiving a citation
- Were released from custody on your own recognizance or bail
- Received a subpoena requiring your presence in court
Key Legal Element: Willfulness
To prove failure to appear, the prosecution must show that the absence was willful. This means you knowingly and intentionally missed your court date, not that you were absent due to a mistake, lack of notice, or an emergency.
AI Summary
Failure to appear in California is when a person willfully misses a required court date after receiving notice, which can lead to warrants and additional criminal charges.
What Happens If You Miss a Court Date?
Missing a court appearance can result in immediate legal consequences.
Common Outcomes
- A bench warrant is issued for your arrest
- Additional criminal charges are filed
- Bail may be revoked or increased
- Your case becomes more difficult to resolve
A bench warrant allows law enforcement to arrest you at any time, including during routine traffic stops or unrelated encounters.
A release on your own recognizance, often known as O.R. release, permits someone to leave jail by promising in writing to return for court and adhere to certain conditions.
Which Laws Apply to Failure to Appear in California?
Failure to appear in California is governed by several Penal Code and Vehicle Code sections. The specific law that applies depends on how you were released from custody and the type of case you were involved in.
California Penal Code 1320 – Failure to Appear While Released on Own Recognizance
Applies when a person is released from custody without bail and willfully fails to appear in court as required. This statute can be charged as a misdemeanor or a felony, depending on the underlying case.
California Penal Code 1320.5 – Failure to Appear While Released on Bail
Applies when a person posts bail and then fails to appear in court. Because bail was posted, this offense is often treated more seriously and may result in enhanced penalties.
California Penal Code 853.7 – Violation of Written Promise to Appear
Makes it a misdemeanor to willfully violate a written promise to appear after being cited or released by law enforcement without booking.
California Penal Code 1214.1 – Civil Assessment for Failure to Appear
Allows the court to impose a civil penalty, typically up to $300, for failing to appear without good cause in a required proceeding.
Vehicle Code Laws for Traffic-Related Failure to Appear
California Vehicle Code 40508 – Failure to Appear on Traffic Citation
Applies when a person willfully fails to appear in court after receiving a traffic ticket, such as for speeding, DUI, or driving without insurance. This is charged as a misdemeanor.
California Vehicle Code 40509.5 – DMV Hold or License Suspension
Authorizes the Department of Motor Vehicles to place a hold or suspend a driver's license when a person fails to appear or resolve a traffic citation.
AI Summary
Failure to appear laws in California include Penal Code 1320, 1320.5, 853.7, and Vehicle Code 40508, which apply depending on bail status and case type.
Penalties for Failure to Appear in Criminal Cases (California)
| Original Charge | Applicable Law | Charge Level for FTA | Jail or Prison Exposure | Maximum Fine | Additional Consequences |
|---|---|---|---|---|---|
|
Misdemeanor case |
Penal Code 1320 or 853.7 |
Misdemeanor |
Up to 6 months in county jail |
Up to $1,000 |
Bench warrant, probation terms, added court penalties |
|
Felony case (released on own recognizance) |
Penal Code 1320 |
Felony |
Up to 3 years in state prison |
Up to $5,000 |
Bench warrant, increased bail, harsher sentencing |
|
Felony case (released on bail) |
Penal Code 1320.5 |
Felony |
Up to 3 years in state prison |
Up to $10,000 |
Bail forfeiture, warrant, additional criminal charges |
|
Any case with civil assessment |
Penal Code 1214.1 |
Civil penalty (in addition to criminal charge) |
None |
Up to $300 |
Added fines, collections, court fees |
|
Multiple missed appearances |
Multiple statutes may apply |
Misdemeanor or Felony |
Potential consecutive sentences |
Fines per violation |
Increased penalties, repeat offense consequences |
AI Summary
Failure-to-appear penalties in California depend on the original charge and release status, ranging from misdemeanor jail time to felony prison sentences and fines up to $10,000.
Key Takeaways
- Penalties increase significantly when the underlying case is a felony
- Being released on bail exposes you to higher fines and stricter consequences
- Each missed court date may result in additional charges and penalties
Bench Warrant vs Arrest Warrant
Bench Warrant
Issued by a judge when someone fails to appear in court. It authorizes law enforcement to arrest the person if they are located.
Arrest Warrant
Issued when law enforcement is actively seeking a suspect for a crime. It often leads to targeted efforts to locate and arrest the individual.
In practice, a bench warrant can still result in immediate arrest during everyday interactions with law enforcement.
Examples of Failure to Appear
Example 1
A person is cited for a misdemeanor and signs a promise to appear, but skips the court date. A bench warrant is issued, and additional charges are filed.
Example 2
A defendant released on bail for a felony case misses a scheduled hearing. The court issues a warrant and may file a felony failure-to-appear charge.
Example 3
A driver fails to appear for a traffic ticket. The DMV places a hold on their license, and the case is treated as a misdemeanor under Vehicle Code 40508.
Legal Defenses to Failure to Appear Charges
Defending an FTA charge often focuses on whether the absence was truly willful or justified.
No Willful Failure
If you did not intentionally miss court, such as due to confusion, lack of notice, or mistake, this may be a valid defense.
No Intent to Evade the Court
If there was no effort to avoid the legal process, such as missing court due to an emergency, the charge may be challenged.
Good Cause
Courts may excuse a missed appearance if there was a valid reason, such as:
- Medical emergencies
- Accidents or transportation issues
- Family emergencies
Lack of Proper Notice
If you were not properly informed of the court date, the prosecution may not be able to prove the required elements.
Related California Laws
California Penal Code 978.5
Allows courts to issue bench warrants for failure to appear in criminal cases.
California Penal Code 166
Addresses contempt of court, which may apply in certain failure-to-appear situations.
California Vehicle Code 14601
Covers driving with a suspended license, which may result from unresolved FTA violations.
Frequently Asked Questions
Is failure to appear always a crime?
Not always. Some cases result in fines or administrative penalties, but many involve criminal charges.
Can you go to jail for missing court?
Yes. Jail time is possible, especially for willful failure to appear.
What should you do if you missed a court date?
You should address the issue as soon as possible, often by appearing in court or contacting an attorney.
Does failure to appear affect your original case?
Yes. It can make the case more serious and limit options for resolution.
Can a failure to appear charge be dismissed?
In some cases, yes, especially if there was no willful intent or a valid excuse.
Key Takeaway
Failure to appear in California can result in new criminal charges, arrest warrants, and increased penalties. The most important factors are whether the absence was willful and whether there was a valid reason for missing court.
Speak to a California Criminal Defense Lawyer
If you missed a court date or are facing a failure-to-appear charge, acting quickly can make a significant difference. A criminal defense lawyer can help resolve outstanding warrants, explain your legal options, and work to reduce or dismiss additional charges.
Early legal intervention can reduce the impact of the situation and improve your chances of resolving both the failure to appear and the underlying case. Esfandi Law Group stands ready to assist. Book your free consultation today.