Posted on Tuesday, October 15th, 2024 at 9:00 am
When you face criminal prosecution in Ohio, you must appear for all scheduled court hearings and your trial. Failing to appear when the trial court requires may result in additional consequences, including new criminal charges for failure to appear. But can you get a failure to appear charge dismissed? Courts may grant leniency to defendants who miss court hearings due to honest mistakes or circumstances outside their control, such as miscommunication of dates/times/locations of court hearings or medical/family emergencies. However, hiring experienced legal representation can give you the best chance of convincing the court to dismiss your failure to appear charge.
What Does “Failure to Appear” Mean?
Under Ohio law, the court may release a defendant charged with a crime or a convicted defendant who intends to file an appeal on the defendant’s own recognizance if the court determines that the defendant will appear in court whenever required. However, a defendant released on recognizance who fails to appear for scheduled court hearings may face criminal charges arising from their “failure to appear.” Other individuals, such as witnesses subpoenaed to testify in a criminal case, may also face charges for failing to appear for their scheduled testimony.
Legal Consequences of a Failure to Appear
A person who fails to appear in court when required may face various consequences, including:
- Bench warrants: When a defendant fails to appear for scheduled court hearings or trial, the trial court may issue a bench warrant authorizing law enforcement to locate and arrest the defendant to bring them before the court.
- Contempt of court: In Ohio, a person required to appear after receiving service of an arrest warrant or summons to appear on may face a contempt of court proceeding; upon conviction, the court can issue a fine of up to $20.
- Separate criminal charges: A criminal defendant released on their own recognizance while awaiting trial or an appeal may face new criminal charges for failing to appear. When a defendant faces felony charges, a failure to appear constitutes a fourth-degree felony; when they face misdemeanor charges or get released for appearance as a witness, their failure to appear constitutes a first-degree misdemeanor offense.
Under Ohio law, a fourth-degree felony conviction for failure to appear carries a prison term of between six and 18 months. A first-degree misdemeanor conviction carries a jail term of up to 180 days.
How to Get a Failure to Appear Charge Dismissed
Under certain circumstances, a trial court may grant leniency to defendants who fail to appear and dismiss the criminal charges arising from their failure to appear. However, obtaining leniency from the court requires prompt action involving:
- Immediately contact the court: You can contact the court clerk as soon as possible to acknowledge and explain your failure to appear and reschedule your appearance before the trial judge at the nearest available opportunity.
- Appear at the earliest opportunity: Appearing before the court as soon as possible to explain your absence may demonstrate acceptance of responsibility and convince the trial judge that you do not represent a risk of future absences.
- File a motion to dismiss the charges: You may need to file a motion to dismiss the charge to request the trial court drop your new criminal charge and recall the bench warrant associated with your failure to appear.
- Hire an experienced Cincinnati criminal defense attorney: Having seasoned legal counsel in your corner can give you a better chance of getting your failure to appear charge dismissed, as an attorney can persuasively advocate on your behalf to convince the court to drop the charge.
When Might the Court Refuse to Dismiss a Failure to Appear Charge?
However, a court may refuse to dismiss a failure to appear charge no matter how compelling a defendant’s explanation for their absence may seem. Reasons why the court may decline to dismiss a failure to appear charge include:
- The defendant faces serious charges: A defendant facing prosecution for significant crimes, such as violent offenses, may not have their failure to appear charge dismissed as the court may view the defendant as a risk to the community.
- Repeated failures to appear: Defendants who repeatedly miss court dates may wear out the trial court’s patience.
- Lack of acceptance of responsibility: Failing to promptly contact the court and explain one’s situation after missing a court appearance may leave the trial court disinclined to dismiss a failure to appear charge.
Contact a Criminal Defense Lawyer Today If You Missed a Court Date
If you fail to appear in court for your criminal case, you may face serious consequences depending on the severity of your underlying charges. Get the legal help you need to protect your rights and interests. Call Moermond & Mulligan, LLC today at (513) 421-9790 or contact us online for a free, confidential consultation with a Cincinnati criminal defense attorney to discuss your options for pursuing a favorable resolution to your failure to appear charges.
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