Failure to Appear

After an arraignment following an arrest, a person accused of committing a crime takes part in a custody proceeding. In custody proceedings, a judge decides whether a person suspected of committing a crime should remain in jail or be released pending resolution of the criminal matter by paying money through bail or bond or being released on their own recognizance. A Michigan failure to appear attorney helps people who have failed to appear in court when summoned by minimizing the filing and charging of additional crimes, penalties, financial loss and other forms of punishment, where applicable. It is essential to contact a skilled defense attorney as soon as possible to assist in mitigating any potential penalties.

The purpose of a custody hearing following an arrest is to evaluate whether the person accused of committing a crime is a flight risk or will appear in court when summoned by the court or other court officer. The judge can set bail or bond for the payment of a certain monetary amount or can release a person suspected of committing a crime on their own recognizance, ROR, for short.

If the person accused of the crime shows up to court when cited and cooperates as directed by the court, there is no problem and the case is resolved at plea, after trial, or in the normal course of the case's disposition.

Sometimes because of a mistake, illness, or fear a person fails to appear in court as required by the judge presiding over their criminal proceeding. If a person fails to appear in court for a long period, the person may be classified as a fugitive.

Under the Penal Code in Michigan at section 780.63, failure to appear in Michigan after posting bail or having been released on ROR, forfeits bail and triggers a warrant for immediate arrest for failure to appear in court when summoned. When this occurs, an individual should consult with a Michigan failure to appear lawyer in order to mitigate the damage and determine the next course of action to take.

The only way to clear up a failure to appear in court violation in Michigan is to voluntarily surrender or be arrested. There is no statute of limitation for failure to appear in court matters.

If someone returns to court under arrest, the judge may order them to jail between the arrest and the court date. The court can also issue one or more of the following conditions to clear up the Michigan failure to appear violation:

• Post bail or make bond
• Release on own recognizance
• Require person suspected of violating appearance rules remain in state during the pendency of the matter

Penalties for a failure to appear violation in Michigan include a fine of up to $1,000 and jail time of up to 10 years making it imperative that a Michigan failure to appear attorney is consulted. Additionally, any commitments by the judge may be rescinded for failure to appear when summoned.

The first step in recalling an arrest warrant is to voluntary surrender and appear in court to clear up the violation. Taking responsibility and explaining your circumstances will remove the fear of being caught and ultimately resolve your criminal matter. Committing to appear in all future cases is of the utmost importance to resolve a failure to appear violation.

If you are facing charges because you failed to return to court, contact a Michigan failure to appear lawyer for a review of your case. Keep in mind if you are arrested before a voluntary surrender can be arranged, your court problems may multiply.