Failing to appear in court when called can lead to serious legal repercussions, which is commonly known as an FTA charge, short for Failure to Appear. Many people underrate the impact of an FTA charge, but this can lead to additional penalties, arrest warrants, and long-term damage to one's criminal record. Understanding the legal implications and how to resolve an FTA charge is vital for anyone in such a situation.
A) What is an FTA Charge?
An FTA charge happens when a person fails to appear in court at the time that is required in a legal summons. This may happen in any situation, for example, failure to appear in court for a traffic violation, misdemeanor, or even a felony case. The courts take seriously a failure to appear because it upsets the process of the judiciary and also signifies non-compliance with the legal obligations.
B) Legal Consequences of an FTA Charge:
The penalties for an FTA charge will depend on the gravity of the case that prompted the FTA in the first place. There are several possible scenarios of legal outcomes:
1) Bench Warrant Issuance:
When a defendant fails to appear, the court will probably issue a bench warrant, which means you can be arrested at any time.
2) More Criminal Charges:
In some states, failing to appear is considered a distinct criminal offense, putting a defendant on an even more serious footing.
3) Increased Fines and Penalties:
An FTA charge can add extra fines over the initial offense.
4) Suspension of Driver's License:
In cases of traffic-related FTAs, the DMV can suspend your driver's license until the issue is resolved.
5) It impacts bail or bond:
If you were granted bail or bond, an FTA may lead to its revocation, which might require you to stay in jail until your next hearing.
C) Effect of FTA Charge on Criminal Record:
An FTA charge can have long-lasting consequences on your criminal record. Depending upon the jurisdiction and the severity, an FTA may be recorded as a misdemeanor or even a felony, impacting future employment, housing, and financial opportunities.
1) Employment Challenges:
Many employers conduct background checks, and an FTA charge may raise concerns about reliability and legal issues.
2) Difficult to Get an Apartment:
Typically, landlords perform criminal record checks. An FTA charge outstanding in your record will definitely make it challenging to get a rental place.
3) Deportation and Revocation of Visa for Non-Citizens:
In some places, an FTA charge can lead to deportation and visa cancellation for immigrants.
4) Revocation of Professional License:
Individuals operating in licensed fields, such as in medicine and law, may lose their license as a result of an FTA charge.
D) Remove an FTA Charge:
If you have an outstanding FTA charge, it is possible to mitigate the damage and prevent further legal complications. Here are ways to resolve it:
1) Contact the Court Immediately:
If you missed your court date, contact the court clerk to understand your options and reschedule a hearing.
2) Hire a Lawyer:
An attorney can negotiate on your behalf to reduce penalties or even have the FTA charge dismissed.
3) Explain Your Absence:
If you were forced to miss court due to an emergency or circumstance beyond your control, presenting documentation can work in your favor.
4) Turn Yourself In:
If you have a bench warrant out for you, the circumstances surrounding your appearance in court may be more favorable.
5) Follow Court Orders:
If the court chooses to waive the issue, make sure you follow all their instructions to avoid further legal entanglements.
E) How to Avoid Future FTAs:
The preventive measures to avoid facing an FTA charge are as follows:
i) Mark your calendar and set reminders to avoid missing important dates.
ii) Inform the court in case of any change of address so that the court may notify you.
iii) Plan ahead so that you reach the court early to avoid any last-minute issues that may make you miss your appearance.
iv) Seek Legal Advice:
If unsure about your legal obligations, seek an attorney for compliance.
The Final Words:
An FTA charge is not something that should be taken lightly and comes with serious legal and personal effects. From arrest warrants and long-term damage to your criminal record, failing to appear in court can cause many obstacles. However, by taking immediate action and working with legal professionals, you can address the issue and minimize its impact. Understanding your responsibilities and following legal protocols will help you stay on the right side of the law and protect your future.
