Failure to appear is a criminal offense in Texas that occurs when a person does not show up for a required court date after being lawfully released from custody. While missing court may seem like a minor or administrative issue, Texas law treats failure to appear seriously because it disrupts the judicial process and undermines court authority.
Failure to appear charges often arise from misunderstandings, missed paperwork, scheduling errors, or personal emergencies. In other cases, defendants are unaware that a court date was set or that their appearance was mandatory. Despite these realities, prosecutors frequently pursue failure to appear charges as separate criminal offenses.
If you are facing a failure to appear charge in Texas, the consequences can include additional jail time, higher bonds, and new criminal penalties on top of your original case. Prompt legal action is critical to minimizing the damage.
Texas Failure to Appear Defense Attorney
If you missed a court date in Austin, Pflugerville, Lakeway, or elsewhere in Travis County, you need an attorney who understands how Texas courts handle failure to appear cases. These charges can often be resolved, but only with the right legal strategy.
The Law Office of Kevin Bennett represents clients throughout Central Texas who are charged with failure to appear. Kevin Bennett works to identify valid legal defenses, resolve outstanding warrants, and prevent a missed court date from escalating into a permanent criminal conviction.
Call The Law Office of Kevin Bennett today at (512) 476-4626 to schedule your free consultation.
Overview of Failure to Appear Charges in Texas
- Definition of Failure to Appear Under Texas Law
- Common Reasons Failure to Appear Charges Are Filed
- Penalties for Failure to Appear in Texas
- Defenses to Failure to Appear Charges
- Role of a Texas Failure to Appear Defense Attorney
- Key Elements the Jury Considers
- Frequently Asked Questions
- Additional Resources
Definition of Failure to Appear Under Texas Law
Failure to appear is governed by Texas Penal Code § 38.10. A person commits this offense if they are lawfully released from custody, either on bond, bail, or written promise, and intentionally or knowingly fail to appear in court as required.
The severity of the failure to appear charge depends on the underlying offense:
- Failure to appear for a misdemeanor may result in a misdemeanor FTA charge
- Failure to appear for a felony can result in a felony FTA charge
Importantly, prosecutors must prove that the failure to appear was intentional or knowing, not accidental or unavoidable.
Common Reasons Failure to Appear Charges Are Filed
Failure to appear charges often stem from:
- Not receiving notice of the court date
- Confusion about court schedules or locations
- Transportation issues or emergencies
- Medical or family crises
- Clerical or administrative errors
- Misunderstanding bond or release conditions
Many people charged with failure to appear had no intention of avoiding court.
Penalties for Failure to Appear in Texas
Penalties depend on the charge you were originally facing when you missed court.
Failure to Appear on a Misdemeanor Case: If the underlying charge was a misdemeanor, failure to appear is typically charged as a Class C misdemeanor or higher.
Potential penalties include:
- Up to $500 in fines (Class C)
- Possible jail time if elevated
- Issuance of an arrest warrant
- Bond forfeiture
Failure to Appear on a Felony Case: If the underlying charge was a felony, failure to appear is generally charged as a felony offense.
Potential penalties include:
- Up to 10 years in Texas state prison (depending on classification)
- Up to $10,000 in fines
- Additional felony conviction on your record
Additional Consequences
Beyond criminal penalties, failure to appear may result in:
- Bench warrants for arrest
- Increased bond amounts or denial of bond
- Driver’s license holds in some cases
- Negative impact on future plea negotiations
Defenses to Failure to Appear Charges
- Lack of notice of the court date: A person cannot intentionally fail to appear if they were never properly notified. Court clerical errors, incorrect addresses, or missed paperwork can all result in lack of notice. Defense counsel works to show the absence of knowledge required for criminal liability.
- Unavoidable emergency or necessity: Medical emergencies, accidents, or family crises may prevent attendance despite best efforts. Texas law recognizes that unavoidable circumstances can negate intent. Documentation and timing are critical to this defense.
- Mistake or misunderstanding; Confusion about dates, times, or court locations is common. If the failure resulted from an honest mistake rather than intentional avoidance, criminal liability may not apply. Defense attorneys present evidence of good-faith confusion.
- No intent to evade the court: Prosecutors must prove intent or knowledge. Voluntarily appearing shortly after a missed date or contacting the court proactively can undermine claims of evasion. Conduct before and after the missed date matters greatly.
- Improper release conditions; If release terms were unclear or improperly communicated, failure to appear may not be enforceable. Defense counsel reviews bond and release paperwork carefully. Defective conditions weaken the prosecution’s case.
- Insufficient or unreliable evidence: The state must prove lawful release, notice, and intent beyond a reasonable doubt. Missing records or inconsistent documentation can create reasonable doubt. The burden of proof always rests with the prosecution.
Role of a Texas Failure to Appear Defense Attorney
- Resolving outstanding warrants: A defense attorney can often arrange for warrants to be cleared without immediate arrest. This reduces the risk of unexpected detention. Early intervention is critical.
- Demonstrating lack of intent: Attorneys gather records, communications, and witness testimony showing the absence of intentional avoidance. Courts are more receptive when explanations are presented through counsel. This often leads to dismissal or reduction.
- Negotiating bond and court conditions; Defense counsel advocates for reasonable bond terms and reinstatement of release conditions. Preventing bond revocation is a key priority. Strategic negotiation can keep clients out of jail.
- Coordinating with the underlying case; Failure to appear charges often affect the original case. Defense attorneys manage both matters together to avoid compounding consequences. A unified strategy is essential.
- Seeking dismissal or reduction; Many failure to appear cases are resolved without conviction once explanations are presented. Defense counsel pushes for dismissal when legal elements are missing. Early advocacy produces better outcomes.
- Trial representation when necessary: If a case proceeds to trial, defense counsel challenges notice, intent, and procedural compliance. Jurors must understand that missing court is not always criminal. Skilled advocacy can result in acquittal.
Key Elements the Jury Considers
To convict, the prosecution must prove beyond a reasonable doubt that:
- The defendant was lawfully released from custody
- A court appearance was required
- The defendant had notice of the requirement
- The defendant intentionally or knowingly failed to appear
Failure to prove any element requires acquittal.
Frequently Asked Questions
Is failure to appear always a separate criminal charge?
Not always, but it often is, especially in felony cases.
Can I fix a missed court date without being arrested?
Often yes, especially with an attorney’s help.
Will failure to appear affect my original case?
Yes. It can lead to higher bonds and harsher treatment.
Should I contact the court myself?
You should consult a criminal defense attorney first.
Additional Resources
Texas Penal Code § 38.10 – Bail Jumping and Failure to Appear – Defines failure to appear offenses and penalties under Texas law.
Texas Rules of Criminal Procedure – Outlines procedures for court appearances and bond conditions.
Travis County District Clerk – Provides information on court dates, filings, and records.
Finding a Failure to Appear Defense Attorney in Travis County, Texas
Failure to appear charges can escalate quickly and create serious legal consequences if not handled properly. These cases are often defensible, but timing matters.
The Law Office of Kevin Bennett represents clients charged with failure to appear throughout Austin, Pflugerville, Lakeway, Travis County, and Central Texas.
If you missed a court date or are facing a failure to appear charge, call (512) 476-4626 today to schedule your free consultation and protect your future.
