There are three types of people involved in litigation that can be asked to be present before a court. It can be the defendant, any of the witnesses, or jurors. Failure to do so, when asked by any one of these, is seen as a crime and is punishable by law. FTA or failure to appear cases can be pressed on anyone who fails to present before the court on the given date and time without a plausible and strong reason.
Once a person has been summoned, he/she must present in the court at the designated date and time. There are no two ways about it and if a person fails to do so, the court not only views the act as a contempt of court, it further levies additional punishment and takes away any kind of liberty if given earlier. Any kind of contempt of court by way of not agreeing to, or not doing as per court’s orders is seen to be degrading the dignity of the court. Hence such laws are formulated so that nobody takes any such orders lightly.
Some of the examples of FTA include:
- Anybody released under section 19.2-319 and failing to present in court
- Anybody accused of felony and failing to present in court
- A person failing to present in court who has been charged with a misdemeanor and whose execution of the sentence had been suspended
- Those who were allowed bail and failed to appear before the court
Virginia has one of the strictest sets of laws in the United States and views FTA cases very seriously. If a person is unable to present before the court either deliberately or otherwise, this makes the matter complicated for the defendants because other than the trial of the case that they are being summonsed for, they are also slapped with additional charges of FTA, so it is advised to contact the Law Offices of SRIS, P.C. in order to prevent an arrest. The penalties in such cases are generally serious and the accused needs the help of a VA failure to appear lawyer to wean themselves out of the legal mess.
Why FTA is viewed as a crime – lawyer explains
Everywhere in the world, the orders of the courts are final and binding, whether it is with regards to the verdict or summons. Any kind of defiance of any demand placed by courts translates into contempt of court. Therefore, irrespective of the fact whether or not a person is accused in a case if somebody has been requested to be present in the court, it is mandatory on their part to adhere to the summons.
Section 19.2-128 has categorized such an act as an offense. This is also to be borne in mind that if somebody does not present themself when asked to, the person is charged with an FTA offense that is independent of any other charges that the person might be facing. That is to say, this charge shall have nothing to do with the charges that the person might be facing in the particular cases for which he had been asked to appear. In spite of getting absolved of charges in the former case, the person shall continue to face charges in the latter case and serve punishment, if deemed necessary by the court. Therefore, if somebody does not want to add more legal problems other than the current case that they may be involved in, it is advisable for them to be present in court, as and when asked.
Lawyer on the punishments for the failure to appear in Virginia
If a person fails to be present in court in Virginia, the judge may issue a bench warrant. A bench warrant is an arrest warrant that entitles the police to arrest the person and present him before a bench in the court. Though bailable, a person has to nevertheless spend at least a few hours behind the bars. The judge shall also levy fines and short jail term as deemed necessary looking at the specifics of the case. The judge may eventually also place other penalties on the person like the suspension of the driver’s license.
In a failure to present case, a person can get arrested for not showing up in court, the services of a reputed law firm like the Law Offices of SRIS, P.C. is very crucial. Remember the courts will always try to prove that the accused had missed out on the court appearance willfully despite being given proper notice as the courts send notices to those who are to be present on certain given dates and proceedings. In cases where the address of the person has changed, it is the duty of the person to inform the court about the same so that the notice reaches the correct address. If a person has not informed regarding the change of address to the court, this is viewed as an error on the part of the concerned persons. That is to say, those who are to make an appearance are duty-bound to inform about the change of address. It is nobody but only the concerned person’s responsibility. Unless there is a natural calamity or any incident of that seriousness, it is very difficult for the court to agree to the reason for somebody not presenting them in court when asked to.
FTA laws are different in different states. In some of the states, this is considered a minor offense wherein the person can get away without consulting a lawyer but in states like Virginia, such an act is viewed as contempt, and hence without the services of Virginia Failure to Appear Lawyer it is not possible to be bailed out of the problem. In Virginia, the offense is viewed as Class 6 Felony and can attract anything from zero to five years of imprisonment. Additionally or either way, the person can be asked to furnish a bond of $2500. This is an extremely grim scenario and only the best of the legal minds like those of Virginia Failure to Appear Lawyer can help herein.
How can one seek help from Virginia failure to appear lawyer?
In a case of FTA, the judge may either issue a contempt citation or continue with the FTA charge. One may still do away with Virginia Failure to Appear Lawyer in case the person has received a contempt citation but just in case the judge decides to press the charges of FTA, services of Virginia Failure to Appear Lawyer is extremely crucial. If the person charged with FTA is not the accused in the first case, he is charged with a misdemeanor. If the person is involved in a case of felony and had abstained from court proceedings, he is charged with a felony.
Whether charged with misdemeanor or felony, unless a Virginia Failure to Appear Lawyer steps into the picture, it is going to be a harrowing process for the person charged with FTA.
Virginia Failure to Appear Lawyer from the Law Offices of SRIS, P.C. understands the seriousness of such an offense and the importance of acting in the nick of time for such charges. This charge not only carries the probability of an arrest but adds to the pressure of an already burdened person. The task of Virginia Failure to Appear Lawyer is to not only help the clients wriggle out of such charges with minimal fuss but it is the task of Virginia Failure to Appear Lawyer to help the client understand the gravity of the orders passed by the court. This especially holds for cases wherein a person may have abstained from court proceedings more than once. It is the duty of Virginia Failure to Appear Lawyer to make the client understand the seriousness of such orders.
How to find the best Virginia failure to appear lawyer?
It is not difficult to find a skilled Virginia Failure to Appear Lawyer in the age of the internet. Generally, those facing the charges are already dealing with some lawyer with regards to the former case. Persons facing FTA charges can either approach their existing lawyer to represent this particular case too on their behalf or hire a separate Virginia Failure to Appear Lawyer for FTA case. Once somebody decides to hire a separate Virginia Failure to Appear Lawyer searching on the internet with “Virginia Failure to Appear Lawyer near me” the search shall yield the name of every Virginia Failure to Appear Lawyer in the person’s vicinity.
It is important to understand that one should not hurry when zeroing down on Virginia Failure to Appear Lawyer especially if it relates to any felony case. Since the punishment for abstaining from court presence in any felony cases is serious, the person concerned must get in touch with the right Virginia Failure to Appear Lawyer as soon as possible. When deciding upon the Virginia Failure to Appear Lawyer, it is important to check the particular Virginia Failure to Appear Lawyer’s history of contesting similar cases and the kinds of judgments passed therein. This one single factor shall tell a lot about the concerned Virginia Failure to Appear Lawyer. It is not to be forgotten that anybody facing the charges of not presenting them before the court, is already undergoing legal trouble, and is not necessary to add one more. Therefore, to have them freed from further legal trouble it is essential, that they chose the right Virginia Failure to Appear Lawyer.
Defenses that a Virginia failure to appear lawyer can use to save the client
It is not necessary that somebody abstaining from coming to court could be doing so deliberately. There are more often than not circumstances that prevent the person from going to court.
- The first and foremost task of any Virginia Failure to Appear Lawyer is to find the right defenses to help their clients. If the client of the Virginia Failure to Appear Lawyer was stuck in an emergency or was involved in an accident or any other incident that prevented the person from coming to the court, the Virginia Failure to Appear Lawyer can always present the reasons with relevant evidences.
- It might also happen that the information regarding presenting them on a given date did not reach the person facing the charges of FTA. In this case, the Virginia Failure to Appear Lawyer needs to prove that the notice was not received by the client.
- At times, there could be some misunderstandings regarding the date and time of coming to court and therefore some people, are not able to make it on the given dates. In such cases, it is the task of Virginia Failure to Appear Lawyer to put forth the reason in a way that it does not seem like an alibi.
It is the responsibility of Virginia Failure to Appear Lawyer from the Law Offices of SRIS, P.C. to make the court understand that their client did not present them in the court owing to a valid reason. Virginia Failure to Appear Lawyer also needs to make the court understand that the client respects the laws and there is no underlying reason for them for not presenting them in court. It is to be noted herein though that the court would understand the reasons put forth by Virginia Failure to Appear Lawyer if it is the defaulter’s first absenteeism in court. In case the Virginia Failure to Appear Lawyer’s client has a history of abstaining from court proceedings, the court takes a strict stance on the same. Then in such cases, in spite of explanations and reasons given by Virginia Failure to Appear Lawyer the court may view the absenteeism as willful.
If the reasons put forth by the Virginia Failure to Appear Lawyer seem justifiable to the court, there is no reason as to why the court would not keep in mind the same while passing the judgment.
Is it really important to hire a Virginia failure to appear lawyer?
Undoubtedly Yes. It is extremely important to hire a Virginia Failure to Appear Lawyer as soon as somebody has been pressed with the charges of FTA. A person may shy away from hiring a Virginia Failure to Appear Lawyer since he/she may be already incurring some kind of legal expenses owing to the previous case. But not hiring a Virginia Failure to Appear Lawyer shall come to be a far more expensive option than hiring a Virginia Failure to Appear Lawyer. A Virginia Failure to Appear Lawyer will help the person deal with the charges in the best possible way so that the court orders only a minimum or no penalties. By not hiring a Virginia Failure to Appear Lawyer, there can be a big probability that the person may not be able to save himself from paying a high amount of fine or worse still, a conviction.
The services of Virginia Failure to Appear Lawyer are all the more required if a person gets convicted on such charges. The services of Virginia Failure to Appear Lawyer is also required for fulfilling the bail formalities of the defendant.
If somebody has missed out on any court date, the person should get in touch with Virginia Failure to Appear Lawyer immediately. The immediate task of the Virginia Failure to Appear Lawyer is to find out whether or not the person faces an arrest warrant. If in case the Virginia Failure to Appear Lawyer finds out that an arrest warrant has already been issued, Virginia Failure to Appear Lawyer will file a petition for the withdrawal of the arrest warrant. Not only that, the Virginia Failure to Appear Lawyer will also represent the client and also assure the court that the client will be present in the court on the next designated date.
Just in case the judge does not withdraw the arrest warrant, then in that case the Virginia Failure to Appear Lawyer will try for a personal recognizance. Personal recognizance is a promise that is signed by the defendant to be present on the next court date. In certain cases, a judge may trial a person even in his/her absence. In such a scenario the services of Virginia Failure to Appear Lawyer is all the more crucial. If a person is tried in his absence then the Virginia Failure to Appear Lawyer shall file for an appeal motion.
As is obvious, the decision to hire or not hire a Virginia Failure to Appear Lawyer is a no-brainer. Though seemingly flimsy, FTA charges can wreak havoc for those facing it. Even if the court finds a person guilty of FTA charges, his chosen Virginia Failure to Appear Lawyer works the strategies of the case in a way that goes on to help minimize the penalties. Not only that, Virginia Failure to Appear Lawyer also represents the client in the court and explains the reasons for the client’s absenteeism from the concerned court dates. All said and done, the Virginia Failure to Appear Lawyer at the Law Offices of SRIS, P.C., helps people facing FTA charges.