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Phoenix Failure to Appear Lawyer

Anyone who receives a criminal summons in Phoenix or elsewhere in Arizona must appear at the appointed time. This is true whether this is a first appearance for an arraignment on new charges or whether this is a follow-up session following release on bail. Failure to appear can lead to new criminal charges with harsh consequences.

However, there are many valid reasons for why you may have missed your court date. If a court has filed new criminal charges alleging your absence in court, reach out to a Phoenix failure to appear lawyer right away. An experienced attorney at Grand Canyon Law Group can work to clear up any trouble and protect you from harsh penalties.

Justifying an Inability to Appear in Phoenix Court

An order to appear before a criminal court in Phoenix is an obligation. Short of the court closing for a natural disaster or some other event that makes it unsafe to hold a session, an individual must appear.

Even with this requirement, some absences are excusable. However, unless an individual can inform the court ahead of time, that court may issue a bench warrant for a person’s arrest upon their absence. A local attorney can help a person gather evidence to justify their inability to appear in court and avoid legal trouble. Reasons for a failure to appear may include:

  • A conflicting required appearance in another court
  • Hospitalization or medical emergency
  • A person’s incarceration or being held in police custody that did not allow them to attend their court date

New Charges for Failure to Appear in Criminal Court

Failing to appear as a defendant on a criminal matter can bring harsh penalties. The court is likely to revoke an individual’s bail if they were granted it for their original case. Even if that person later appears in court, it is possible that a judge will continue to withhold bail and require the defendant to await trial in custody. The court may also file new criminal charges, and a conviction will bring penalties independent of a person’s original case. As such, it is crucial to work with a Phoenix lawyer after missing a court date to avoid additional consequences.

Missing a Court Date for a Misdemeanor

Arizona Revised Statute § 13-2506 outlines the offense of failure to appear in the second degree, a class 1 or class 2 misdemeanor depending on the circumstances. This applies to a person’s alleged failure to appear for a petty offense or misdemeanor case. A conviction on failure to appear charges may lead to a sentence of up to six months in jail, a $2,500 fine, or both.

Failing to Appear in Court for a Felony

AZ Rev. Stat. § 13-2507 deals with failure to appear for felony offenses, classified as a class 5 felony. Mitigating factors may result in a minimum prison sentence of six months, while aggravating factors could increase the penalty to 2.5 years. It is important to remember prior felony convictions can increase this sentencing range. A dedicated lawyer at our firm can help individuals fight criminal charges related to a nonappearance in Phoenix criminal court.

Reach Out to a Phoenix Failure to Appear Attorney for Representation

Not appearing when required by a criminal court can come with harsh consequences. At a minimum, courts will often issue a warrant for your arrest and revoke any current bail conditions. You may also face additional criminal charges.

At Grand Canyon Law Group, a Phoenix failure to appear lawyer can provide the representation you need to avoid these penalties. Our attorneys can help gather evidence that excuses your absence and work to create reasonable doubt concerning any new criminal allegations. Contact us now to discuss your case.

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