Criminal Defense Lawyers

Penal Code 1320 & 1320.5 Failure to appear

Sounds like you’ve got quite the legal conundrum on your hands there. You’ve missed a court appearance and now California law is breathing down your neck. Yikes.

How Do Laws Penal Code 1320 & 1320.5 PC Play Into This?

Penal Code 1320 & 1320.5 PC, as stated by the Californian law, pretty much says if you pull a disappearing act at court, they aren’t too pleased. If that court date was for a felony charge, you’ve just landed yourself another felony. If it was just a misdemeanor, well, it’s still a misdemeanor, but honestly, do you need any more trouble?

Breaking Down Penal Code 1320 & 1320.5 PC

Were you let out on your “own recognizance”? Code 1320 & 1320.5 PC is ready to shake your hand. If you had a felony charge or conviction looming overhead and got out on bail, Code 1320.5 PC has got you covered. Now, if you decide to go MIA, you’re in for some legal woes. And by legal woes, I mean charges.

Sitting Courtside: The Details on the Law

Here’s the play-by-play – Penal Code 1320 PC pushes the red buzzer if you willfully skip court. The prosecutor’s got to show the cards – that you were charged with or convicted of a crime, you purposefully missed court, you dodged the court process, and you were released on your own recognizance. My advice? Don’t give the prosecutor good cards.

The Two Ways to Leave the Game

This is how it’s split – on one side you’ve got own recognizance, on the other, bail. With an O.R. release, a judge gives you a nod to jet without posting bail. However, there are strings attached. You’ve got to sign a deal with the court to show up when requested, stay in California unless the court says otherwise, submit to extradition if you mess things up, understand the consequences if you break your promise, and follow any other court-imposed conditions.

If a judge doesn’t think you’ve earned an O.R. release, they can set bail and keep you in custody till that bail’s posted. If you get bail, you’re back to being free. If you can’t cough up the cash for bail, I’m afraid you’ll have a longer term of staying put.

What Happens When You Drop the Ball?

Here’s where things can topple like dominos. Failure to appear in court can end up with fines, probation, or even time behind bars, depending on your charge. If you skip out on a traffic ticket, you might lose your license and even get an arrest warrant. Here’s a curveball though – there could be problems with immigration if you miss a court date.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

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 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

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.

Taïko Beauty

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!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

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.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Let’s say you’re fighting a fail-to-appear charge, Todd Spodek and the crack team at the Spodek Law Group are the veteran players you’ll want on your side. These guys know the game better than anyone else and can fight tooth and nail for you.

Penal Code 1320.5 PC: A Closer Look

This is a pretty big deal – Penal Code 1320.5 PC is the term used when a defendant with a felony charge or conviction, who’s been let out on bail, skips in court. This felony brings some heavy hitters to the batter’s box, including a maximum fine of $10 grand, up to three years in county jail, or even a state prison sentence that’s as long as three years.

How to Get Out Of a Strike-Out Situation

If PC 1320’s accusations have your name on it, there are three main defenses you could use. The “No willful act” defense claims that you only get the guilt if you chose not to come to court. It’s a solid swing if you show you forgot your court date. The “No attempt to evade the court process” states you’re only guilty if you bailed on court to dodge the process. This can work if you can prove you had a good reason not to be there, like an emergency. The “Falsely accused” defense is the ticket if you’re an innocent bystander in this situation.

Penalties For Playing Hide-And-Seek in Court

Here’s the rundown – if you have a misdemeanor charge or conviction and you bail on court, it’s a misdemeanor that could get you six months in county jail and/or slap a $1000 fine on you. If your charge or conviction’s a felony and you don’t show up for court, it’s a felony with a maximum fine of $5000 and potential for a year in county jail or sixteen months, two years, or a maximum of three years in state prison.

Cleaning The Slate – Expungement of Convictions

There’s room for a comeback play. If you’re convicted under PC 1320, you can try to wipe the slate clean by completing probation or a jail term. An expunged conviction gets you off the hook with potential employers – they don’t need to know about it. PC 1203.4 allows for such expungement as long as you’ve successfully completed probation and aren’t currently charged with or serving a sentence.

Does it Touch Your Gun Rights?

A PC 1320 conviction doesn’t shoot your gun rights down instantly. However, certain convictions might turn them to dust. Note that some misdemeanors carry a ten-year firearm ban in California.

Laws Running Parallel With Failure to Appear

There are three laws you may want to know about that go hand in hand with failing to appear in court:

1. Failure to appear – California Vehicle Code 40508VC
2. Fines for failure to appear – California Penal Code 1214.1PC
3. Hold on driver’s license – California Vehicle Code 40509.5VC

For a free, confidential consultation – whether face-to-face or over a call – hit up Spodek Law Group. They’ve got players all over the California map, right from the San Fernando Valley, San Diego, Oakland, and the San Francisco Bay area to Orange County, Sonoma County, Ventura, Sacramento, San Jose, and all across Los Angeles.

Ready to get the game rolling? Get in touch now.