Criminal Defense Lawyers

Penal Code § 1320 & 1320.5 PC – Failure to Appear in Court

Penal Code § 1320 & 1320.5 PC – Failure to Appear in Court

Have you been charged with failure to appear in court? If so, you’re probably feeling anxious and uncertain about what comes next. At Spodek Law Group, we understand how stressful this situation can be. Our experienced criminal defense attorneys are here to help guide you through the legal process and fight for the best possible outcome in your case.Failing to appear in court when required is a serious offense in California. It can result in additional criminal charges on top of any underlying charges you may be facing. But don’t panic – with the right legal representation, there are often ways to resolve failure to appear charges favorably.In this comprehensive guide, we’ll break down everything you need to know about Penal Code 1320 PC and 1320.5 PC. We’ll explain the elements of these crimes, potential penalties, common defenses, and how an experienced attorney can help. Let’s dive in!

What is Failure to Appear Under PC 1320 and 1320.5?

California Penal Code sections 1320 and 1320.5 make it illegal to willfully fail to appear in court as required after being released from custody. These laws apply when someone has been:

• Released on their own recognizance (OR release)
• Released on bail
• Released on citation (cited and released)

The key elements the prosecution must prove for a failure to appear conviction are:

1. You were charged with or convicted of a crime
2. You were released from custody
3. You willfully failed to appear in court as required
4. You intended to evade the court process

It’s important to note that simply forgetting your court date or having transportation issues is not enough for a conviction. The prosecution must prove you willfully failed to appear with the intent to evade the court.

PC 1320 vs. PC 1320.5 – What’s the Difference?

While similar, there are some key differences between PC 1320 and PC 1320.5:PC 1320 applies when:

• You were charged with a misdemeanor OR felony
• You were released on your own recognizance

PC 1320.5 applies when:

• You were charged with a felony
• You were released on bail

So in essence, PC 1320.5 is a more serious charge that only applies to felony cases where bail was posted.

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2024-03-21

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2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

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

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

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2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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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

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Penalties for Failure to Appear in California

The penalties for failing to appear in court depend on whether you’re charged under PC 1320 or PC 1320.5, and whether the underlying offense was a misdemeanor or felony.

Penalties Under PC 1320

Misdemeanor failure to appear:

• Up to 1 year in county jail
• Fine up to $1,000

Felony failure to appear:

• 16 months, 2 years, or 3 years in state prison
• Fine up to $5,000

Penalties Under PC 1320.5

Felony failure to appear:

• 16 months, 2 years, or 3 years in state prison
• Fine up to $10,000

In addition to these criminal penalties, failing to appear will likely result in:

• Forfeiture of any posted bail
• Issuance of a bench warrant for your arrest
• Additional charges added to your case

As you can see, the consequences of failing to appear are quite serious. That’s why it’s crucial to have an experienced criminal defense attorney on your side if you’re facing these charges. At Spodek Law Group, we have a proven track record of helping clients fight failure to appear allegations and achieve favorable outcomes.

Common Defenses to Failure to Appear Charges

While failure to appear charges can be intimidating, there are often effective defenses available. Some common defenses our attorneys may explore include:

1. Lack of willful intent – You didn’t intentionally miss court, but had a valid reason like medical emergency, car trouble, etc.
2. Mistake or confusion – You were genuinely confused about your court date or which courthouse to go to.
3. Insufficient notice – You never received proper notice of your required court appearance.
4. Inability to appear – You were physically unable to make it to court due to hospitalization, incarceration, etc.
5. Clerical error – There was a mistake in the court’s records about your appearance date.
6. Duress or necessity – You were forced to miss court due to threats or other emergency circumstances.

The specific defenses available depend on the unique facts of your case. Our experienced attorneys will thoroughly investigate the circumstances of your failure to appear to identify the strongest possible defenses.

How an Experienced Attorney Can Help

If you’re facing failure to appear charges in California, having a skilled criminal defense lawyer in your corner can make all the difference. Here’s how the attorneys at Spodek Law Group can help:

• Investigate the circumstances – We’ll dig into the details of why you missed court to identify potential defenses.
• Negotiate with prosecutors – In many cases, we can negotiate to have failure to appear charges reduced or dismissed.
• Represent you in court – We’ll fight for your rights and present your case in the strongest possible light.
• Seek to recall bench warrants – If a warrant was issued, we’ll work to have it recalled so you can avoid arrest.
• Explore alternatives to jail – We may be able to arrange alternatives like community service or electronic monitoring.
• Guide you through the process – We’ll explain everything you need to know and advise you on the best path forward.

At Spodek Law Group, we understand how stressful criminal charges can be. That’s why we take a compassionate, client-focused approach. We’ll be by your side every step of the way, fighting tirelessly for the best possible outcome in your case.

Frequently Asked Questions About Failure to Appear

Here are some common questions we hear from clients facing failure to appear charges:Q: What happens if I miss a court date?A: If you miss a required court appearance, the judge will likely issue a bench warrant for your arrest. You may also face additional failure to appear charges. It’s crucial to contact an attorney right away if you’ve missed court.Q: Can failure to appear charges be dropped?A: Yes, in many cases failure to appear charges can be reduced or dismissed, especially if you had a valid reason for missing court. An experienced attorney can negotiate with prosecutors to resolve these charges favorably.Q: Will I go to jail for failing to appear?A: While jail time is possible for failure to appear, it’s not guaranteed. With strong legal representation, you may be able to avoid jail through alternatives like probation or community service. The specific outcome depends on the facts of your case.Q: How long do I have to turn myself in after missing court?A: It’s best to turn yourself in or contact the court as soon as possible after missing a court date. The longer you wait, the worse it looks. An attorney can help coordinate your surrender to minimize negative consequences.Q: Can I still get my case dismissed if I failed to appear?A: Yes, it may still be possible to get your underlying case dismissed even if you failed to appear. However, the failure to appear will make it more challenging. An experienced lawyer can help you explore all options for resolving your case.

Case Study: How We Helped a Client Beat Failure to Appear Charges

To illustrate how we approach failure to appear cases, here’s an example of how we recently helped a client:Our client John was charged with misdemeanor DUI and released on his own recognizance. He missed his arraignment date because he was in the hospital for emergency surgery. The court issued a bench warrant and added failure to appear charges.We took the following steps to resolve John’s case:

1. Gathered medical records proving John’s hospitalization
2. Filed a motion to recall the bench warrant
3. Negotiated with the prosecutor to dismiss the failure to appear charge
4. Arranged for John to appear in court and enter a plea on the DUI charge

Thanks to our efforts, John avoided additional penalties for failing to appear. We were then able to negotiate a favorable plea deal on the underlying DUI charge.This case demonstrates how having a skilled attorney can make a huge difference in failure to appear cases. At Spodek Law Group, we have the experience and dedication to achieve the best possible outcomes for our clients.

Why Choose Spodek Law Group for Your Failure to Appear Case?

When you’re facing criminal charges, choosing the right attorney is crucial. Here’s why Spodek Law Group stands out:

• Extensive experience – We’ve successfully handled countless failure to appear cases.
• Aggressive advocacy – We fight tirelessly to protect our clients’ rights and freedom.
• Personalized attention – We take the time to understand your unique situation and needs.
• Proven results – We have a track record of achieving favorable outcomes for our clients.
• 24/7 availability – We’re here for you whenever you need us.

At Spodek Law Group, we understand how stressful criminal charges can be. That’s why we go above and beyond to support our clients through every step of the legal process. When you work with us, you’re not just getting a lawyer – you’re getting a dedicated advocate who will fight for your rights and future.

Contact Spodek Law Group Today

If you’re facing failure to appear charges in California, don’t wait to get legal help. The sooner you contact an experienced attorney, the better your chances of a favorable outcome.At Spodek Law Group, we offer free consultations to discuss your case and explain how we can help. Call us today at 212-300-5196 or contact us online to schedule your free case evaluation. Let us put our knowledge and experience to work for you!Remember, a failure to appear charge doesn’t have to ruin your life. With the right legal representation, you can fight these allegations and move forward. Don’t face this alone – contact Spodek Law Group today and let us fight for you.