What Happens If You Get an FTA in Court? Legal Insights

Going to court can be traumatic, but not showing up to court can lead to even worse outcomes. Pondering what is an FTA in court is, it is an acronym for Failure to Appear—a term used to describe the failure of an individual to show up at a scheduled court hearing. An FTA can have severe legal repercussions, from fines to arrest warrants, depending on the nature of the case. Understanding the implications of an FTA is crucial to avoiding unnecessary legal trouble.

In this article, we’ll break down the legal consequences of an FTA, how to resolve it, and ways to prevent it from happening in the first place.

What Is an FTA in Court?

An FTA (Failure to Appear) occurs when a person fails to appear in court after a legal summons is issued to him to appear. It can occur in nearly any type of case, such as:

• Traffic citations (e.g., failing to appear for a hearing on a speeding citation).

• Criminal charges (e.g., failing to appear for a hearing on a felony or misdemeanour charge).

• Civil case(s) (e.g., contempt of court or failure to appear to answer a lawsuit).

FTAs are not appreciated by courts due to their obstruction of court cases and lack of respect for the judiciary. Punishment for an FTA can differ significantly based on the nature of the initial charge and state laws.

Legal Consequences of an FTA

Failure to attend court can attract a variety of consequences ranging from:

1. Bench Warrants and Arrest

If the person fails to appear in court, the judge can issue a bench warrant, and this gives permission to the police to arrest the individual. This means that a normal traffic stop or encounter with the authorities can lead to an unexpected arrest.

2. Additional Criminal Charges

In other states, failure to appear can be enforceable as a standalone criminal offence, typically a misdemeanour or felony based on the seriousness of the original case. This can add to possible punishments, such as a fine and imprisonment.

3. License Suspension (For Traffic-Related FTAs)

If a relationship of the FTA to a traffic offence exists, suspension or revocation of the license by the Department of Motor Vehicles until the case has been decided is feasible.

4. Higher Fines and Court Costs

Courts may levy huge fines or failure-to-appear fine. The offense may be accompanied by extra expenses incurred, and it is costly to clear the court case.

5. Bail and Future Court Dates Consequences

If the person has been bailed out before, an FTA may result in forfeiting bail. Additionally, on subsequent arrests, judges will be hesitant to grant bail or attach conditions which are more stringent.

6. Civil Consequences

In civil cases, not showing up can lead to a default judgment, with the court declaring the other side the winner by default. This can have financial consequences, such as garnishment of wages or asset seizure.

How to Clear an FTA?

If you did not appear in court, clearing the FTA immediately will save you from being punished to the maximum that the law can provide. Do the following:

1. Call the Court

As soon as you find out that you've missed your hearing, telephone the court that summoned you in. They might even feel sorry for you and give you an extra day to appear in court at the hearing or let you off with a warning before issuing a bench warrant.

2. Get a Lawyer

A lawyer can advise you on the best course of action, filing a motion to recall the warrant or attempting to negotiate it through the court. Legal advice is particularly necessary if your FTA is for criminal charges.

3. Turn Yourself In (If Necessary)

If you already have a warrant outstanding, voluntary surrender can be a good-faith gesture and might mean less punishment. You should have an attorney help you do this safely.

4. Legitimate Reason for Non-Presence in Court

You may be allowed to have your FTA waived by court if you genuinely have an emergency which otherwise would have been a medical emergency or an unforeseen situation. Evidence of this is usually required and can be a doctor's letter.

5. Pay Outstanding Payments

If your FTA was for pending legal matters or unpaid fines, clearing those up in a timely fashion may help your case to get restored to good standing with the court.

Preventing an FTA in the Future

To prevent the legal trouble of failing to appear in court, take the following preventive measures:

• Mark Your Calendar: Put down every single court date and set multiple reminders.

• Double-Check Court Information: Double-check your hearing date, time, and place.

• Inform the Court of Address Changes: Make sure the court has your up-to-date address so you receive all official notifications.

• Get Legal Advice: If you have no clue what your obligations are, get a lawyer so you can get informed.

• Request a Reschedule If Necessary: If you notice a conflict, request the court beforehand for a different date.

Wrapping Up

It is best to know what an FTA in court is and the repercussions for anyone who is being addressed by the courts. Not reporting to a notice in court can be costly, from arrest, further charges, and fines. But reacting quickly to correct an FTA—by reaching the court, getting an attorney, or filling out legal formalities—can reduce the impact. By being cautious and proactive, you will be in a better position to handle the judicial process and not make any unnecessary complexities.

If you or someone around you are charged with an FTA, it always pays to take the opinion of a lawyer to make a reasonable choice.