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Failure to Appear

When a person posts bond, receives a notice to appear, or is released on his or her own recognizance (ROR) and then fails to appear in court, a judge will issue a bench warrant or an alias capias. Individuals who are arrested for failure to appear cannot bond out of jail because most bench warrants are “no-bond” warrants. 

People arrested for failure to appear 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.

Lawyer for Failure to Appear Arrests in Miami-Dade County, FL

If you were arrested in South Florida for an alleged failure to appear in court, it is in your best interest to immediately seek legal representation. The Hoffman Firm aggressively defends clients in communities throughout the greater Miami-Dade County area, including Key Biscayne, Coral Gables, Hialeah, Opa-Locka, Miami, North Miami, Aventura, South Miami, and many others.  

Evan A. Hoffman is an experienced criminal defense lawyer who can fight to possibly get your criminal charges dismissed. Call (305) 249-0090 today to have our attorney review your case and answer all of your legal questions during a free, confidential consultation.

Overview of Failure to Appear Crimes in North Miami

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Florida Failure to Appear Charges

Florida Statute § 843.15 establishes that a person released pursuant to Chapter 903 of the Florida Statutes who willfully fails to appear before any court or judicial officer as required will incur a forfeiture of any security which was given or pledged for her or his release and face one of the following charges: 

  • If the alleged offender was released in connection with a misdemeanor charge, failure to appear is a first-degree misdemeanor; and 
  • If the alleged offender was released in connection with a felony charge or while awaiting sentence or pending review by certiorari after conviction of any offense, failure to appear is a third-degree felony.

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Failure to Appear Penalties in Miami-Dade County

Statutory maximum sentences for failure to appear convictions are as follows: 

  • First-Degree Misdemeanor — Up to one year in jail and fine of up to $1,000; or 
  • Third-Degree Felony — Up to five years in prison and a fine of up to $5,000.

In many cases, people have entirely valid explanations as to why they missed their court appearances. Extenuating circumstances such as medical emergencies or motor vehicle accidents may excuse failure to appear offenses.

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Failure to Appear Resources in Florida

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.

Miami-Dade County Clerk of Courts
Traffic & Misdemeanor Office
1351 NW 12th Street
Miami, FL 33125
(305) 275-1111

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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Find a Failure to Appear Defense Lawyer in Miami, FL

Were you arrested for failure to appear in court in Miami-Dade County? You will want to contact The Hoffman Firm as soon as possible. 

Miami criminal defense attorney Evan A. Hoffman represents individuals in South Miami, Key Biscayne, Miami Beach, Coral Gables, Homestead, Hialeah, Doral, Aventura, North Miami, and several other nearby areas in South Florida.

You can have our lawyer provide a complete evaluation of your case when you call (305) 249-0090 or fill out an online contact form to receive a free initial consultation. 

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Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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If you received any kind of traffic violation in the Miami area call The Hoffman Firm today.

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