U.S. federal law says  that you commit a crime if you knowingly fail to appear in court for a felony offense. The crime is charged in addition to your underlying felony, and it can add years to any federal prison sentence imposed for that felony. Please contact a skilled criminal defense attorney now if you or a loved one is being charged with a federal crime.

How Does Federal Law Define Failure to Appear on a Felony Offense?

18 USC 3146 is the federal statute that sets forth the crime of failure to appear (or, “FTA”). Per this law, you are guilty of FTA if you knowingly fail to appear in court for a felony offense. This situation usually arises if you fail to show up in court after being charged with a federal crime and then released pending trial or while waiting to begin a sentence.

Note that a bench warrant will typically be issued for an FTA charge, which will typically lead to your eventual arrest. 

What are the Penalties?

The penalties for FTA depend on the severity of your underlying felony. If the original felony carries a prison sentence of 15 years or more, an FTA can result in up to 10 years in prison, along with a fine. For felonies with sentences of 5 to 15 years, FTA can add up to 5 years to your sentence, plus a fine. For other felonies, the penalty is up to 2 years in prison and a fine. 

Note that the penalties for FTA are separate from and in addition to any penalties for your original felony. 

Can a Defendant Raise a Legal Defense?

Yes. You have the right to challenge an FTA charge with a legal defense. Recall that you are only guilty of FTA if you knowingly fail to appear in court. A defense, then, is for you to prove that you did not show up in court on purpose. For example, if might be the case that you did not appear because of an emergency or were unaware that you were obligated to appear.

Here, you might be off the hook for the FTA charge, but you would still have to address the original felony.

Contact Black & Askerov for Help

While a defendant can raise a legal defense to challenge an FTA charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on various criminal charges under federal law. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!

* Main image at top by freepik