Criminal Defense Lawyers

What is Penal Code § 853.7 PC?

Penal Code § 853.7 PC makes it a misdemeanor offense to willfully violate a written promise to appear in court. This law applies regardless of the outcome of the original charge that led to your arrest. In other words, even if the initial charges against you are dropped or you’re found not guilty, you can still face penalties for failing to show up to court as promised.Let’s break down the key elements of this law:

1. You made a written promise to appear in court
2. You willfully violated that promise
3. The violation occurred regardless of the disposition of the original charge

It’s important to note that this law typically comes into play when you’re released from custody on your own recognizance. This means you’re allowed to go free without posting bail, but you must sign a document promising to appear in court at a later date.

Examples of Violating Penal Code § 853.7 PC

To help you better understand how this law works in practice, let’s look at some examples:

1. You receive a traffic ticket and sign the citation, which includes a promise to appear in court. On the day of your scheduled court appearance, you decide to go to work instead, thinking it’s not a big deal.
2. After being arrested for a misdemeanor offense, you’re released on your own recognizance and sign a document promising to appear for your arraignment. You forget about the court date and fail to show up.
3. You’re scheduled for a sentencing hearing following a conviction. Despite signing a written promise to appear, you get cold feet and decide not to go to court.

In each of these scenarios, you could be charged with violating Penal Code § 853.7 PC, even if the original charges are ultimately dismissed or you’re found not guilty.

Consequences of Violating Penal Code § 853.7 PC

If you’re found guilty of violating Penal Code § 853.7 PC, you could face serious consequences. As a misdemeanor offense, the potential penalties include:

• Up to 6 months in county jail
• A fine of up to $1,000
• Probation
• A criminal record that can impact your future employment and housing opportunities

But that’s not all. Failing to appear in court can have additional repercussions:

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2024-03-21

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2024-03-18

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Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

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2024-03-15

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2024-03-15

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2024-03-12

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2024-03-12

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2024-02-28

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2024-02-24

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• The judge may issue a bench warrant for your arrest
• You may forfeit any bail you’ve posted
• Your driver’s license could be suspended (in cases involving traffic violations)
• You may face more severe penalties for the original offense

As you can see, the consequences of violating a written promise to appear can be far-reaching and long-lasting. That’s why it’s CRUCIAL to take your court obligations seriously and seek legal representation if you’re facing charges under Penal Code § 853.7 PC.

Legal Defenses to Penal Code § 853.7 PC Charges

At Spodek Law Group, we’re committed to providing our clients with the strongest possible defense against charges of violating Penal Code § 853.7 PC. Some common legal defenses we may employ include:

1. No willful act: If you can demonstrate that your failure to appear was not intentional (e.g., you were in a car accident on the way to court or had a medical emergency), you may have a valid defense.
2. You did appear in court: Sometimes, clerical errors or miscommunications can lead to false allegations of failure to appear. If you can prove that you were present in court as required, this charge should be dismissed.
3. Necessity: In rare cases, you may be able to argue that circumstances beyond your control made it impossible for you to appear in court (e.g., you were hospitalized or incarcerated in another jurisdiction).
4. Lack of proper notice: If you can show that you never received proper notice of your court date or that the notice was defective, this may serve as a defense.
5. Mistake of fact: If you genuinely believed, based on reasonable information, that your court date was different from the actual date, this could be a valid defense.

It’s important to note that the specific defense strategy we employ will depend on the unique circumstances of your case. That’s why it’s crucial to work with experienced attorneys who can evaluate your situation and develop a tailored approach to your defense.

Why Choose Spodek Law Group for Your Penal Code § 853.7 PC Defense?

When you’re facing charges under Penal Code § 853.7 PC, you need a law firm that understands the intricacies of California criminal law and has a proven track record of success. At Spodek Law Group, we offer:

• Extensive experience: Our attorneys have handled countless cases involving failure to appear charges and know how to navigate the complex legal system.
• Personalized attention: We treat each client as an individual, not just another case number. We’ll take the time to understand your unique situation and develop a defense strategy tailored to your needs.
• Aggressive advocacy: We’re not afraid to fight for your rights, whether that means negotiating with prosecutors or taking your case to trial.
• Comprehensive support: From the moment you hire us, we’ll be by your side every step of the way, explaining your options, answering your questions, and providing the guidance you need to make informed decisions.
• Proven results: Our track record speaks for itself. We’ve helped numerous clients avoid convictions, reduce charges, and minimize penalties in cases involving Penal Code § 853.7 PC and related offenses.

Don’t let a simple mistake or misunderstanding turn into a criminal conviction that could haunt you for years to come. If you’re facing charges under Penal Code § 853.7 PC or have questions about your legal obligations, contact Spodek Law Group today at 212-300-5196 for a free consultation. We’re here to help you navigate this challenging situation and protect your rights and your future.Remember, when it comes to your legal defense, experience matters. With Spodek Law Group on your side, you can rest assured that you’re getting top-notch representation from attorneys who truly care about your case and your future. Don’t wait – call us now and let us put our expertise to work for you.