Failure to Appear

Twin Cities Area Failure to Appear Lawyer

Missing a court date could result in additional criminal charges. Although the offense may seem minor, it could become a significant issue. A warrant likely would be issued for your arrest. This means no matter where you are you could be arrested.

However, any time you are stopped for a traffic offense, questioned for any other criminal act, leave or enter the country or at any time police decide to come pick you up, you could be arrested based on the warrant. This could happen while working, on vacation or even in front of your family. If you failed to appear at a court date, it is important to handle the situation before an arrest happens. There are other options, and a criminal defense lawyer can help.

Apple Valley Failure to Appear Attorney

Attorney James Blumberg understands criminal charges sometimes can be overwhelming. He is experienced in the criminal justice system, and he can help you fight the charges. As a former prosecutor, he has honed his skills on both sides of the law, and he knows what it takes to help his clients.

Blumberg can work with his clients to learn all the facts of their particular case. If the person failed to appear in court because of circumstances that were out of his or her control, Blumberg can present this affirmative defense. Having adept legal counsel on your side could make the difference in your case.

Call (952) 431-7758 to schedule a free initial consultation with James Blumberg Law. Blumberg and his legal team represent clients throughout Dakota County, including Burnsville, Eagan, Hastings, Inver Grove Heights, Lakeville, Mendota Heights and Rosemount. They also work with those facing criminal charges throughout the Twin Cities region, including Hennepin County, Ramsey County and Anoka County.

Information About Failure to Appear

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Felony Offenders

A person charged with or convicted of a felony and released from custody who intentionally fails to appear when required could be charged with an additional felony offense. This could apply if it is a condition of the release that the person appears when required with respect to the charge or conviction.

According to Minnesota Statute 609.49, a person could be sentenced to not more than one-half of the maximum term of imprisonment, fine or both provided for the underlying crime for which the person failed to appear. This maximum sentence should not be less than 366 days in jail, a fine of $1,500 or both.

If a felony charge is filed against a person who fails to appear in court, it potentially could be dismissed. The person voluntarily surrenders within 48 hours after the time he or she was scheduled to appear, the charge could be eliminated. This would not apply if the person is arrested by law enforcement.

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Gross Misdemeanor and Misdemeanor Offenses

A person charged with a gross misdemeanor or misdemeanor who intentionally fails to appear in court for trial on the charge after having been notified that a failure to appear for a court appearance is a criminal offense is guilty of a misdemeanor.

Failure to appear also could be considered a misdemeanor offense if the person has been released on an order or condition that he or she personally will appear for trial when required with respect to the charge.  

Misdemeanors generally are punishable by up to six months in jail, up to $1,000 in fines or both. The court also could require the person pay the costs incurred by the prosecuting authority or governmental agency that resulted because the person did not appear in court.  

Additionally, if a person fails to appear at a court hearing for a traffic citation, a bench warrant could be issued for his or her arrest. If the case is a petty misdemeanor, the court hearing could be held without the person present and he or she could be found guilty. This could mean a driver’s license suspension.

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Juvenile Offenders

According to Minnesota Statute 609.49, a person who intentionally fails to appear for a juvenile court disposition is guilty of a felony if:

  • The person was prosecuted in juvenile court for an offense that would have been a felony if committed by an adult
  • The juvenile court made findings pursuant to an admission in court or after trial
  • The person was released from custody on the condition that he or she appear in the juvenile court for a disposition in connection with the offense
  • The person was notified that failure to appear is a criminal offense

If a person violates this law, he or she could be sentenced to prison for up to five years, be required to pay fines up to $10,000 or both. Additionally, the court may order as part of the sentence that the defendant pay the reimbursement for costs.

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James Blumberg Law – A Failure to Appear Lawyer in Dakota County

If you have been accused of failing to appear in court, it is important to handle the charges immediately. Contact Dakota County failure to appear attorney James Blumberg to discuss your case. Taking a proactive approach to the charges could be beneficial in court. Call (952) 431-7758 to schedule a free consultation today.