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Can Missing a Court Date Result in Additional Charges in Arizona?
A substantial power of the criminal courts in the area is the ability to force people to appear. This applies to any party with business before the court. In most situations, this requires a criminal defendant to arrive in court for an arraignment, a pretrial hearing, or a trial. Courts have the option to issue bail for most alleged offenses. The payment of cash or bond to the court acts as an incentive for a person to appear in the future while remaining in the comfort of their homes.
It is also important to realize that a failure to appear charge may also apply to people who are not defendants in a case. The court has the power to enforce subpoenas that require a person to appear as a witness. If these people fail to appear, the same criminal charges may follow.
Arizona Revised Statute § 13-2506 describes failure to appear in the second degree. It states that a person who does not appear in a criminal court for a case involving a misdemeanor or petty offense may face an additional misdemeanor-level charge. AZ Rev. Stat. § 13-2507 concerns failure to appear for a felony-level charge. Here, the court can issue new charges as a class 5 felony. A failure to appear attorney could explain the power of Gilbert courts to compel people to appear and the possible consequences of new criminal charges.
Defenses Against a Failure to Appear Charge
An allegation involving a failure to appear before a criminal court may seem like a minor inconvenience. However, the classification of these offenses as misdemeanors and felonies means that courts can require a guilty party to spend time in jail after a conviction. Furthermore, if the accused is already a defendant in a criminal case, the court can order the forfeiture of bail and require the party to await trial in jail.
Our Gilbert lawyers are dedicated to helping people who missed a court date avoid this outcome. In many situations, the accused have a legitimate reason for missing a court date, such as a sudden medical emergency. An attorney could take the lead in gathering the evidence necessary to fight back against allegations of an unexcused absence in criminal court. This could help to reduce a court’s sentence or even lead to a dismissal of the charges.
Let a Gilbert Failure to Appear Attorney Fight on Your Behalf
All people who are facing criminal charges or are due to appear as a witness must arrive in court at the scheduled time. The criminal courts have broad powers to compel this appearance and can file new criminal charges against those who are not present.
A Gilbert failure to appear lawyer wants to help you to avoid punishment related to a nonappearance. Our team could explain the laws that grant courts the power to levy these charges and work to understand why you did not appear in order to develop a strategy that could help you to avoid punishment. Contact our firm today to learn more.
