Grand Prairie Failure to Appear Lawyer
If you were arrested and told to return to court for a mandatory hearing and you are unable to appear, it could lead to further consequences, including additional criminal charges. If you were unable to appear in court due to extenuating circumstances, retaining a Grand Prairie failure to appear lawyer could be your best option. With the help of a skilled criminal defense attorney, you could work to prove your innocence and defend against the charge by showing that you had a reasonable excuse for not being in court.
The Offense of Failure to Appear
Failing to appear to a mandatory court date, also known as bail jumping, is prohibited by law in the State of Texas as per Texas Penal Code §38.10. This statute covers individuals who have been released from custody with or without bail on the contingency that they will appear in court.
This means that those individuals who have been arrested, charged, arraigned, and released before the trial could face an additional charge if they do not appear in court. Even if the underlying offense is minor and the alleged offender was released on their own recognizance, which is a written promise to appear at subsequent court dates without the need to post bail, bail jumping is still a violation of the law.
Reasonable Defenses for Bail Jumping in Grand Prairie
Tex. Pen. Code §38.10 lists some statutory defenses against charges of failing to appear. The most commonly used defense to an accusation of bail jumping is that the alleged offender had a reasonable excuse for their absence. The courts may be more lenient if the alleged offender’s excuse was due to a reasonable and unavoidable circumstance, such as a car accident that resulted in serious injury.
Another defense against an allegation of failure to appear that a tenacious attorney could help a defendant utilize is that the alleged offender was performing other obligations required by an independent court case. Probation, parole, or supervised releases all have stringent requirements for those in the program. If any of these requirements get in the way of a mandatory court appearance, the courts could absolve an individual who has been accused of jumping bail.
Common Reasons for Missing Court
Since life is unpredictable, there are many reasons why people fail to appear in court. Some of the common reasons for bail jumping include:
- Lack of awareness of court summons
- Illness, condition or disability
- Lack of transportation
- Deliberate avoidance
- Previous engagement, such as work, doctor’s appointment, and more
- Not currently living in the jurisdiction
- Death in the family
It is best to speak to a knowledgeable failure to appear lawyer in Grand Prairie to help determine if there was a legitimate reason for failing to appear in court.
Speak to a Grand Prairie Failure to Appear Attorney Today
If you were accused of failing to appear at a required court date, the consequences could be severe. Not only would you still have the underlying charge, but you could also face an additional charge for jumping bail.
Retaining the skills of a Grand Prairie failure to appear lawyer could be the best way to defend against these new allegations. A tenacious attorney could work with you to prove that your absence was due to ineluctable circumstances. Call today to get started on your case.