Gilbert Failure To Appear Attorney
If you receive a summons to appear in court, you must attend. Failing to show up is a crime, and even legitimate excuses might not save you from severe penalties if you do not handle the situation correctly.
A Gilbert failure to appear lawyer knows how to manage these cases so that you are not subject to ongoing consequences. If you missed a court date, contact an experienced attorney at the Grand Canyon Law Group to get the matter resolved quickly and efficiently.
For a free legal consultation with a failure to appear lawyer serving Gilbert, call 480-400-5555
FAILURE TO APPEAR LAWS IN GILBERT
The law distinguishes between failing to appear for a court appearance concerning a felony charge and missing a court date for a misdemeanor or petty offense. Anyone facing failure to appear charges should consult an attorney at our firm to defend against potentially severe consequences.
FIRST-DEGREE FAILURE TO APPEAR
Arizona Revised Statute §13-2507 governs the crime of failing to appear in the first degree. This charge applies when an individual misses a court appearance relating to a felony charge. Failure to appear in the first degree is a Class 5 felony, and a sentence upon conviction could include prison time.
When an individual fails to appear for a felony hearing, a judge may issue a bench warrant. A bench warrant allows the police to make an arrest if they encounter the subject of the warrant. Although police rarely search for people who miss court dates, they could do so, depending on the circumstances.
SECOND-DEGREE FAILURE TO APPEAR
If the subject of the court hearing was a misdemeanor or petty offense, a missed court date could result in second-degree failure to appear charges. According to Arizona Revised Statute §13-2506, second-degree failure to appear also applies if someone does not show up for or send an attorney to represent them at a proceeding related to a traffic ticket or accident.
Second-degree failure to appear could be either a Class 1 or Class 2 misdemeanor, and a conviction for either offense could result in jail time. Additionally, a judge could issue a bench warrant that subjects the individual to arrest if they come into contact with police.
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DEFENSES FOR MISSING A COURT DATE
Sometimes, a person may miss a court hearing through no fault of their own. Those charged with failure to appear are allowed to present defenses to the charges, and an experienced Gilbert attorney could help an individual craft their presentation to the court.
The judge may excuse a defendant who did not intentionally miss the court date. For example, a defendant who intended to come to court but was stuck in traffic might be excused. Similarly, not having notice of the court date could be a valid defense. This defense could be successful if the defendant could show that the court sent the notice to the wrong address, for example.
FAILING TO APPEAR IN COURT DUE TO AN EMERGENCY
Depending on the circumstances, a judge could dismiss a failure to appear charge if the defendant had an emergency. However, not all events will qualify as an emergency. For example, being unable to find a babysitter or get time off work is unlikely to count.
On the other hand, presenting proof of a medical emergency affecting the defendant or close family member could convince a judge to dismiss a failure to appear charge. Regardless of the reason for missing a court date, a seasoned lawyer in Gilbert could advise a defendant on seeking a positive resolution in their case.
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FAILING TO APPEAR COULD RESULT IN JAIL TIME
Sometimes, people think not appearing for a court date is not a big deal and they will just reschedule when it is more convenient. However, judges have difficulty managing all the cases in their calendar, and they do not take it lightly when someone does not appear.
Under Arizona’s complex sentencing system, judges can impose a penalty for failing to appear that includes jail time. The judge must consider the individual’s prior criminal history and if there were any mitigating or aggravating circumstances. A skilled Gilbert attorney could present evidence indicating that a defendant’s punishment should be lenient in a particular failure to appear case.
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CONTACT A GILBERT ATTORNEY TO DEFEND YOUR FAILURE TO APPEAR
If you missed a court date, you need to be proactive to prevent serious penalties. Reach out to Gilbert failure to appear lawyer as soon as possible to learn your options for defending your case.
Do not wait to be arrested on a bench warrant before seeking help. Call the Grand Canyon Law Group today to speak with a seasoned attorney and get the help you need.
Call or text 480-400-5555 or complete a Free Case Evaluation form