Criminal courts in Tempe have the absolute power to demand that a defendant appears before the court at an appointed time. This includes situations where a person is summoned to appear for an arraignment and cases where an appearance is required for a final trial or another court session.
To enforce this power, the court has the authority to issue arrest warrants that can go into effect immediately upon a non-appearance. In addition, failing to appear could lead to the loss of bail or justify a prosecutor’s decision to pursue new criminal charges. A Tempe failure to appear lawyer may be able to help you avoid these consequences. If you missed a court date, let a hardworking attorney at the Grand Canyon Law Group work to protect your future and fight for your rights.
Not appearing after receiving a summons from a criminal court is always a serious matter. In all instances, the court can issue a bench warrant that authorizes any police officer to make an immediate arrest. This could lead to significant time in jail waiting for a new court date.
Failing to appear could also see a court ordering forfeiture of bail. If a person is awaiting trial by posting bail in cash or bond, not appearing when required could see a court rescinding that bail and ordering a defendant to await trial in custody.
Not appearing for a criminal case can also be a new charge. Under Arizona Revised Statute § 13-2506, not appearing as a criminal defendant for a misdemeanor or petty offense is a new criminal offense charged as a Class 1 misdemeanor. Failing to appear for a felony case is a Class 5 felony under AZ Rev. Stat. § 13-2507. In felony cases, mitigating factors may lead to a prison sentence of six months, while aggravating factors may lengthen this sentence to as long as 2.5 years. Consulting with a Tempe attorney can help people understand the possible consequences of not appearing for a criminal case.
As with any other criminal case, a prosecutor bears the burden of showing that a defendant failed to appear when pursuing new criminal charges. Unfortunately, this can often be a simple matter of showing that a defendant was not present in court on the date on the court’s calendar. Even so, there are defenses available against these allegations.
Many defenses center around the idea that a defendant had a justified reason for not being in court. This could include the following scenarios:
Talking with a skilled lawyer in the area allows them to investigate the reason for a non-appearance and work to develop a potent defense.
Failing to appear before a criminal court as a defendant can bring harsh consequences. At the very least, the court is likely to issue a warrant for your arrest. A judge may also rescind your bail, causing you to lose the money and await the end of your case in custody. In addition, not appearing when ordered can be a new criminal offense that comes with severe penalties.
Hiring a Tempe failure to appear lawyer to represent your interests may help you avoid these consequences. At Grand Canyon Law Group, we can work to obtain evidence that excuses your absence. Our attorneys can fight to convince a court to keep bail conditions in place or remove any current warrants upon your next appearance in court. We believe you have a way of life worth saving, so reach out to us today to get the legal support you deserve.