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Miami Failure to Appear Lawyer
Serving Fort Lauderdale and the Surrounding Areas
When a person posts bond, receives a notice to appear, or is released on their own recognizance (ROR), and then fails to appear in court, a judge will issue a bench warrant or an alias capias. If they are later arrested, they may not be able to bond out of jail because most bench warrants are “no-bond” warrants.
People arrested for failure to appear (FTA) remain in custody until their next scheduled court appearance. For certain individuals, failure to appear can also result in forfeiture of bond or collateral posted as a condition of release.
If you were arrested in Miami or the surrounding areas for allegedly failing to appear in court, you’ll need an experienced attorney on your side to defend your case. At The Hoffman Firm, our lawyer, Evan Hoffman, can do just that. With extensive legal experience, we know the intricacies of the justice system. We can help you understand your rights and options. We’ll be with you every step of the way, working toward a favorable outcome on your behalf.
Is Failure to Appear Charged as a Misdemeanor or Felony?
The level of charge a person faces for failing to appear in court depends on the type of crime they were accused of committing.
According to Florida Statute § 843.15, if a person does not show up to court as required, they could be charged as follows:
- If the alleged offender was released in connection with a misdemeanor, FTA is a first-degree misdemeanor
- If they were released in connection with a felony or while awaiting a sentence or pending review by certiorari after conviction of any offense, FTA is a third-degree felony.
What Are the Penalties for Failing to Appear?
Statutory maximum sentences for failure to appear convictions are as follows:
- First degree misdemeanor: Up to 1 year in jail and a fine of up to $1,000
- Third degree felony: Up to 5 years in prison and a fine of up to $5,000
Discuss Your Case Today
The consequences of being convicted of failing to appear are harsh. If you’ve been accused of this offense, retain the services of a fierce legal advocate right away. Having skilled counsel on your side could have a profound effect on the outcome of your case. At The Hoffman Firm, our Miami lawyer has extensive experience on both sides of the courtroom and knows how to build aggressive defenses to fight charges.
Failure to Appear Resources
Criminal Traffic Violation | Miami Dade Clerk of Courts: Many failure to appear violations stem from traffic crimes. Visit this section of the Miami-Dade County Clerk of Courts website to learn more about required court appearances for people who receive citations for criminal traffic offenses. As the website notes, people who failed to attend scheduled court hearings must contact the Judge's Assistant to have their cases set on the judge's calendar.
Warrant Search | Miami-Dade Police Department (MDPD) Crime Information Center: Use this website to see if you have an active warrant in Miami-Dade County. Search for alias capias, felony bench warrants, or juvenile failure to appear, among others. You need to enter your full name, race, sex, and date of birth.
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