When a person is arrested, they are taken to the police station, booked,
and held in custody until they are either able to post bail or are released
by a judge on their “own recognizance,” known as an OR release.
In order to be released, however, the defendant must agree to return to
court on a certain date to face their charges. But what happens if a person
doesn’t show up?
Failure to Appear Charges
In the event that a defendant should not appear in court as required, a
judge will issue a warrant for their arrest. If the defendant still does
not show up within a reasonable timeframe or provide the courts with a
legitimate reason for their prior absence, the prosecutor in their case
may choose to charge the defendant with “Failure to Appear.”
Depending on the initial crime for which the defendant is to be tried,
a Failure to Appear charge may be either an additional misdemeanor or
felony and may carry serious penalties upon conviction.
What Happens to Bail?
In addition, if a defendant fails to appear in court, any money they will
have paid to the court as bail will be forfeited. Considering how bail
can easily reach six and seven figures, this can be a devastating financial
blow. If a bail bond agency was used to post bail, the bond agency will
then be responsible for paying the full amount of the defendant’s
bail unless they are able to successfully locate and surrender the defendant
to the courts.
Charged with Failure to Appear? Call (414) 882-8382
If you have been charged with failure to appear, it is urgent you retain
the services of a skilled
criminal defense attorney as soon as possible to guard your freedom and reputation against
serious consequences. At the Law Offices of Christopher J. Cherella, our
Milwaukee criminal lawyers have more than two decades of legal experience
and can provide the tenacious advocacy you need.
Get in touch with us online today to find out more about how we can assist you.