Charged with Failure to Appear in Indiana?
Navigating the legal system can be overwhelming, especially when it involves court appearances. In Indiana, failing to appear in court when required can lead to serious consequences. This offense, known as a failure to appear (FTA), can escalate minor legal issues into major problems, including additional fines, arrest warrants, and even jail time. The seriousness of this crime cannot be overstated, as it demonstrates a disregard for court orders and the judicial process. Understanding what constitutes a failure to appear charge in Indiana, the potential penalties, and how to defend against such charges is crucial for anyone involved in the legal process.
Given the complexity and severity of FTA charges, hiring an experienced Indiana criminal defense lawyer is essential. A knowledgeable attorney can provide invaluable guidance, craft a solid defense, and navigate the intricacies of the legal system on your behalf. At Keffer Hirschauer LLP, our team of skilled attorneys is dedicated to defending your rights and helping you achieve the best possible outcome in your case. If you or someone you know is facing failure to appear charges in Indiana, don’t hesitate to contact Keffer Hirschauer LLP for expert legal assistance. Your future and freedom may depend on it.
To schedule a free case consultation call 317-751-7186 or complete our online contact form.
Understanding Failure to Appear in Indiana
When a person is arrested, they shall promptly be brought before a judicial officer in the county where the arrest was made for an initial hearing in Indiana, or what is sometimes called a preliminary hearing. During this initial hearing, the judge will inform the defendant of the formal charges they face, their rights and any potential penalties associated with the conviction; they’ll also address bond or bail in Indiana and the setting of future dates in the case. Once bail is posted, the defendant is released from custody. These conditions are set by the judge and are designed to ensure the defendant’s appearance at all court dates and to protect the community.
When a person has been released from lawful detention on condition that the person appear at a specified time and place in connection with a charge of a crime, intentionally fails to appear at that time and place, they commit the criminal offense of failure to appear in Indiana. Under Indiana Code 35-44.1-2-9 is considered a Class A misdemeanor. However, the offense may be elevated to a Level 6 felony if the charge was a felony charge.
Potential Criminal Penalties and Collateral Consequences
When a person is found to have committed the criminal offense of failure to appear in Indiana for the first time, they will face potential penalties of 0-365 days in jail and up to $5,000 in fines. However, if this is their second conviction, the charge will be elevated to a Level 6 felony in Indiana. Per the sentencing guidelines, the potential penalties for this level of a felony are 6mo and 2.5 years and a fine of up to $10,000.
Furthermore, when a person fails to appear in court in Indiana, they also immediately forfeit their bond. If they posted bond directly with the jail, they would not get their money back; and if they used a bail bond service, they would be legally obligated to pay back the remaining bond premium.
Finally, it’s important to understand that when a person commits the offense of failure to appear in Indiana, they significantly complicate their journey in the criminal justice system. Not only will they prolong the justice process for the original charges, but they will also face new charges and have to navigate the process for those charges for months to come. This can be incredibly stressful and costly, and only adds to an already difficult situation.
Collateral Consequences
At times, collateral consequences in Indiana can be just as life-altering as criminal penalties. For instance, the sheer existence of a criminal record can lead to serious roadblocks when it comes to finding employment, obtaining financial assistance, and/or securing housing. In addition, those charged with a felony offense risk being stripped of critical civil rights, such as the right to vote or their ability to purchase a firearm in Indiana. Thankfully, however, many of these roadblocks and challenges can be alleviated after a certain period of time via the process of Indiana expungement.
In addition to the challenges presented by the existence of a criminal record, a failure to appear charge could threaten a Hoosier’s professional license status. Many professional licensing boards and commissions require license holders to remain in compliance with a set of professional standards, most of which include the stipulation of refraining from engaging in illegal conduct. Given this, any criminal charges brought against the license holder could result in disciplinary action being taken. In situations like these, it’s best for the license holder to hire a professional license defense lawyer in Indiana who also handles criminal defense cases. This will ensure their attorney can handle all matters related to their current legal situation. The Indianapolis law firm of Keffer Hirschauer LLP employs some of the leading professional license lawyers in Indiana, all of whom also practice criminal defense. This means they can take a wholistic approach to cases that involve both criminal and professional matters.
Defending Against Charges of Failure to Appear
When you receive a summons to appear in court, it is crucial to comply with the order. However, life happens, and sometimes circumstances beyond your control can prevent you from attending your scheduled court date. If this happens, you may find yourself facing charges of failure to appear in Indiana. Understanding the most common defenses to this offense and how to navigate this legal challenge can make a significant difference in the outcome of your case.
Common Defenses Against Failure to Appear Charges
- Lack of Proper Notice: One of the primary defenses against a failure to appear (FTA) charge is proving that you did not receive proper notice of the court date. This could happen due to administrative errors, incorrect addresses, or postal issues. If you can demonstrate that you were unaware of the requirement to appear, the court may dismiss the FTA charge.
- Unavoidable Circumstances: Sometimes, unavoidable emergencies prevent individuals from attending court. This could include severe illness, hospitalization, accidents, or other unexpected events. Providing documented evidence, such as medical records or accident reports, can support your defense and show the court that your absence was beyond your control.
- Conflicting Obligations: Life can be complicated, and there may be instances where you had a legitimate, unavoidable conflict, such as work obligations, family emergencies, or pre-existing commitments. Showing proof of these conflicts and demonstrating your intent to reschedule the court date can help mitigate the FTA charge.
- Efforts to Rectify the Situation: If you missed a court date, taking immediate action to rectify the situation can work in your favor. This includes contacting the court as soon as possible, explaining the reason for your absence, and attempting to reschedule the missed appearance. Demonstrating a proactive approach can show the court that you are taking the matter seriously and acting in good faith.
- Legal Representation: Having a skilled attorney can be invaluable in defending against FTA charges. An experienced lawyer can help you navigate the legal system, present a compelling defense, and negotiate with the court on your behalf. They can also identify any procedural errors or legal technicalities that may work in your favor.
Facing Charges of Failure to Appear in Indiana?
Failure to appear in Indiana is a serious criminal offense, and depending on the circumstances, could lead to additional felony charges. Therefore, anyone facing criminal charges in Indiana should do their best to keep track of court dates and make sure their contact information with the courts is up to date. Furthermore, anyone who is unsure about their court obligations or has a conflict, should consult with an attorney who can provide guidance and help you manage your court appearances effectively.
The Indiana criminal defense lawyers at Keffer Hirschauer LLP are led by two former deputy prosecutors, Bradley Keffer and Tom Hirschauer, who are well-acquainted with the criminal justice system. They have a deep familiarity with the procedures of court and how to handle the justice process. On top of that, they know how to best defend those charged with failure to appear in Indiana and what it will take to reach a favorable resolution to the matter at hand.
To begin addressing a situation today, call 317-751-7186 or use our online contact form to schedule a free case consultation.
