As a California driver, you may be issued a traffic ticket if a law enforcement officer believes you broke the law. Traffic citations usually include information about the fine you may have to pay and a date that you must go to court if you do not pay the fine.
What happens if you don’t pay the ticket and fail to appear in court? You may be charged with failure to appear, fined, and sent to jail for up to six months. So, it’s important not to ignore your court date.
That said, people sometimes forget about court dates or miss them due to circumstances beyond their control. When this happens, a Los Angeles traffic violation lawyer from Simmrin Law Group can help you resolve your ticket and/or warrant.
A Bench Warrant Could be Issued for You
If you do not show up at the date and time you are supposed to appear, the judge may issue a bench warrant. A bench warrant gives law enforcement officers the right to arrest you and bring you before a judge. In California, the court system may treat individuals brought in on a warrant more severely.
Please note that a bench warrant does not expire after it is issued. It will remain on your record until you get it cleared. In order to get your warrant cleared, you may want to contact a criminal defense lawyer in Los Angeles, CA.
Going to Court
A lawyer may be able to get a warrant cleared if you were not charged with a felony. However, if you were issued a warrant because you did not appear in court, you may have to appear before a judge and jury to resolve the charges you are facing and your warrant.
For a free legal consultation, call (310) 896-2723
How Do I Clear a Warrant for My Arrest?
If you find out that there is a warrant for your arrest, it is crucial to take immediate steps to clear it. One option is to turn yourself in and post bail with a law enforcement agency. This shows that you are cooperating with the authorities, which may help resolve the warrant.
Another option is to post bail with the court and request a court date. By doing so, you can appear before a judge and explain your situation, potentially leading to the warrant being recalled.
Alternatively, you can post bail with the court and request that it be forfeited. This means that the court keeps the bail, and your case may be eligible for closure without further legal action. You can also ask a judge at the court that issued the warrant about ways to clear it.
You May Be Charged with Failure to Appear in California
As we mentioned, you may be required to appear in court for a traffic ticket in California. If you do not follow this regulation, you can be charged with a misdemeanor under Vehicle Code 40508a. You should be aware that you can face misdemeanor charges even if your ticket was only for a minor infraction.
As a misdemeanor, a VC 40508a conviction could have serious consequences. If you are found guilty of a VC 40508a violation, you may be:
- Sentenced to spend up to six months in jail
- Ordered to pay a fine of up to $1,000
Sometimes, judges choose to place people on probation after a conviction for failure to appear instead of ordering them to serve time in jail. While on probation, you may have to adhere to certain regulations handed down by the court system. If you do not follow these regulations, you could be charged with a probation violation.
Build a Defense for Failure to Appear Charges
You may be able to work with a criminal defense lawyer to handle charges for failing to appear in court in California. A lawyer familiar with traffic law could assess your situation to see if you have a valid reason for failing to appear.
This could allow you to get your charges reduced or even dismissed. Depending on your situation, a lawyer could work to show the following elements:
You Did Not Intentionally Fail to Appear
Generally, you should only be convicted of failure to appear if you “willfully” did not turn up in court. You must purposefully avoid a court date to be convicted of failure to appear. If you missed a court date by accident, you could have your charges reduced.
You Were Prevented From Appearing Due to an Emergency
Emergencies happen. Circumstances beyond your control could prevent you from attending your court date. For example, you could have a serious health event, or you could be involved in a car accident. Both of these situations could excuse your absence from court in California.
You Did Not Sign a Promise to Appear in Court
Technically, you only have to appear in court if you signed an agreement saying you would do so. However, this agreement can generally be found on your ticket. Most law enforcement officers will make you sign this agreement before handing over your ticket.
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Consult With a Criminal Defense Attorney in California
Remember, a failure to appear could lead to serious repercussions, including jail time, so it’s important not to ignore your court date. At Simmrin Law Group, we understand how stressful these situations can be, and we are here to help.
Reach out to our team today for help handling these criminal charges. During a free consultation, we can discuss your legal options.
Either contact us by phone or via the online form to get started.
Call or text (310) 896-2723 or complete a Free Case Evaluation form