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When a defendant fails to appear for a court date, the relevant law enforcement agency may seek a bench warrant for their arrest. This could have several repercussions for the accused, including a felony charge.
While there are a few defenses available to defendants for failing to appear for a court date, fighting the prosecutors without legal help can prove challenging. It's important for the accused to work with experienced criminal defense attorneys to have their charges removed or reduced.
At Sparks Law Firm, our legal team ensures that every case gets the attention it deserves. We have over 100 years of combined experience fighting for the rights of defendants and tackling greedy prosecutors in court.
Those facing additional charges for failing to appear in court in Fort Worth should contact Sparks Law Firm for the best legal representation in Texas. They can also advise on questions like how long do you stay in jail for a bench warrant in Texas?
What Is a Bench Warrant in Texas?
Adhering to the laws and guidelines surrounding the justice system is crucial for criminal defendants. If a court issues an order, the accused must follow the instructions issued by the judge. Failure to do so can lead to a violation.
A judge may issue a bench warrant if a defendant fails to follow a court order. An example could be failing to appear for a hearing when required.
When an accused is in violation of a court order, the presiding judge issues a "writ of attachment," which the relevant police department must carry out. Upon arrest, a law enforcement officer holds the defendant in custody until a hearing is scheduled.
Can Failing to Appear in Court Lead to Consequences?
Also referred to as "bail jumping," failure to appear in court is a crime in Texas. It's often committed by defendants who have already been arrested for prior violations or wrongdoings. What is it, and how can it impact the accused's criminal history?
In Texas, when a law enforcement officer makes an arrest, the defendant may face charges for the offense committed. However, the criminal justice system lets them stay out of jail after their initial hearing on the basis of bail or personal recognizance until the resolution of their case.
Although they can walk around and live a normal life, the accused's pre-trial release comes with certain conditions. The presiding judge may make it mandatory for the defendant to attend all hearing dates. Intentionally or knowingly missing a court appearance is a crime and can lead to serious penalties.
What Are the Penalties for Failure to Appear in Court?
The consequences for violating a court order can vary from one case to another, depending on the severity of the underlying offenses. These may include the following:
If the defendant has already been accused of a felony, the judge may charge their failure to appear in court as a third-degree felony. This may lead to an additional two to 10 years of jail time and a maximum fine of $10,000.
When a defendant commits a crime that only carries a fine, the judge may charge their failure to appear in court as a Class C misdemeanor. While there are no jail sentences, the accused may have to pay a maximum fine of $500.
Committing any other type of offense prior to a defendant's failure to appear in court may lead to a Class A misdemeanor, which carries a maximum jail sentence of one year and up to $4,000 in fines.
It's important to note that the abovementioned penalties are in addition to the prior charges faced by the defendant. This can negatively impact their case, which is why it's important to work with an experienced criminal lawyer.
Is a Bench Warrant Different from an Arrest Warrant?
There are three main types of warrants, and these include the following:
Bench warrants
Arrest warrants
Search warrants
A bench warrant issued by a judge is different from a search warrant, as law enforcement officers use the former to detain someone and the latter to find evidence against the accused. This means that the police cannot hold someone in custody if they have a search warrant.
On the other hand, arrest and bench warrants may sound the same, but they are different. The key difference between the two is the nature of the crime committed.
Arrest warrants allow police to detain someone based on probable cause. If a law enforcement officer believes that a person has violated a law, they may seek an arrest warrant.
Bench warrants are more subtle, as they allow a peace officer to detain someone if they have violated a court order. A law enforcement official may seek a bench warrant if:
The defendant fails to pay child support or alimony
The accused misses a mandatory court date
A juror misses their jury duty or trial
The defendant commits contempt of court
Can a Defendant Recall a Bench Warrant in Texas?
Whether it is failure to appear for a mandatory hearing or violation of a court order, the accused may be able to "squash" the bench warrant. What does this mean, and how can it impact their case?
A defendant may be able to recall a bench warrant from the court system for an alleged violation before the judge issues an order. An experienced criminal defense attorney can help squash a bench warrant to reduce or eliminate the additional criminal charges. For more information, a criminal lawyer may be able to help.
What Are the Defenses to Failure to Appear for a Mandatory Court Hearing in Texas?
The justice system holds defendants accountable for knowingly or intentionally failing to appear in court or violating an order issued by a judge.
However, the accused may be able to use some legal defenses, including the following:
The appearance was for community supervision or parole.
The defendant had a reasonable excuse for failing to appear in court.
It's important to understand that the standard for "reasonable excuse" defense is incredibly high. The law does not find any of the following situations as "reasonable":
The defendant didn't appear because their lawyer told them that the court date may change.
A defense attorney tells the defendant not to appear for a court hearing.
The accused has another court hearing at the same time in a different courthouse and fails to inform the judge about the conflict.
Fight the Bench Warrant and the Additional Charges with Sparks Law Firm!
If you've been accused of violating a court order in Fort Worth, Texas, the penalties can be severe depending on the underlying offense. It's important to seek legal representation to prevent further damage to your criminal record.
Call us to schedule a free consultation with our skilled and passionate defense attorneys and have your rights protected!
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