Failure to Appear (FTA) / Bench Warrant Defense

By law, if someone has a court date, they are legally mandated to appear for their court hearing. Anyone involved in any criminal proceeding must appear in court for all scheduled hearings.

If you don’t show for your court appearance, then you have committed a failure to appear.

Failure To Appear Is A Missed Court Date

When a person misses a scheduled court date in Colorado, it is legally treated as a Failure to Appear (FTA).

Unlike forgetting a routine appointment, failing to appear in court is considered a criminal offense under Colorado law.

In most cases, the judge will issue a bench warrant as soon as the absence is recognized, authorizing law enforcement to take the individual into custody.

Furthermore, the DMV in Colorado may also suspend your driver’s license as long as the warrant is still outstanding. Persons will also face serious criminal charges added to the criminal charges that they were charged with prior to their missed court date.

Should a bench warrant be issued, you might be arrested at any moment. Law enforcement will seek you out whether you’re at work, home, or elsewhere.

Furthermore, you’ll likely be incarcerated until the hearing or unless you can post bail. You’ll also have to pay administrative fees such as court costs, fines, and more. You may not be allowed to post bail if you failed to appear and may have to remain behind bars until such a time as the courts can again hear your case.

If I Have A Criminal Attorney, Is It Mandatory That I Appear?

In Colorado, defendants without an attorney will have to appear for each and every court appearance. It’s important that the person not rely upon the public defender to appear in court on their behalf.

However, if the defendant has a criminal defense attorney, they may be able to skip out on any minor court dates as long as their attorney shows up in court on their behalf.

If you’re not sure if you’re required to be in court at any given time, you should call the court clear prior to the court date and find out if you need to appear in court that particular day. If someone knows that he or she can’t make their next appearance in court, it’s important to call the court clerk as soon as you can. The clerk might be able to reschedule the court hearing for you.

How Can I Have A Bench Warrant For Failure To Appear Removed?

Should a bench warrant be issued for failure to appear, you’re likely to be arrested at any moment. Law enforcement has the right to seek you out whether you’re at work, home, or elsewhere. You’ll likely have to go to jail and stay there until such a time as the court case hearing can be rescheduled. You’ll also be responsible for paying any court fees, fines, and administrative fees for your actions.

Should you have a bench warrant in Colorado, contact an experienced criminal defense attorney quickly. Your attorney can file a motion called “Motion To Quash” the bench warrant. The courts will then reschedule the court hearing.

Probation And Failure To Appear

If on probation and you receive a “failure to appear”, you might be considered to be in violation of the probation requirements. The end result may be that you lose probation, receive additional fees and fines, and you may be required to do some community services.

You might also receive some more strict terms of your probation.

Bail And Failure To Appear

If you fail to appear and you’re out on bond you may have your bond revoked and receive more strict probation including additional fees and fines as well as be required to do some community service.

If you have violated your probation, contact us immediately – we can help you.