Orangeburg County Failure to Appear Lawyer

Allegations involving a failure to appear for a criminal court session are serious. Not only could they result in new charges under the state’s criminal code, but they could result in the court rescinding bail on the underlying case.

It is essential to be able to defend oneself in court against these allegations. This can include arguing that there was a legitimate reason to miss court.

An Orangeburg County failure to appear lawyer may be able to help you. This includes explaining the concept of conditional release, evaluating the prosecution’s accusations involving a willful failure to appear, and making arguments before judges and juries.

Forfeiture of Bail

In most criminal cases, the court will release a person while that person awaits trial. This can be either a free release, known as personal recognizance, or a release contingent on bail or bond. In exchange, these people make a promise to appear for all future court sessions. A failure to do so comes with many consequences.

One of these consequences is the forfeiture of bail. A conditional release while awaiting trial is something that a prosecutor can ask a court to rescind. If a court convicts a person of willful failure to appear, it is likely that the defendant will need to await the conclusion of their initial case in jail. An Orangeburg County failure to appear lawyer could help to argue against this harsh outcome.

The Concept of Willfulness in Allegations of Failure to Appear

It is better to avoid a conviction for a failure to appear altogether. South Carolina Code § 17-15-90 states that it is against the law for any person to willfully miss a date in criminal court when they are the defendant. The penalties for this act can be severe. If the underlying criminal charge was a felony, the penalty can be a fine of up to $5,000, imprisonment for up to five years, or both. When the underlying case is a misdemeanor, the fine can be a maximum of $1,000, and the jail term can be no longer than one year.

With this in mind, a key concept in these new charges is the idea of intent. The statute requires a prosecutor to prove that a defendant’s missing of a court date was “willful.” This means that they knew they had a court date and took intentional steps to miss that date. An Orangeburg County failure to appear attorney could help to argue that there was a legitimate excuse for missing one’s date in court.

Reach Out to an Orangeburg County Failure to Appear Attorney Today

Allegations involving a failure to appear for a criminal court date are extremely serious. Depending upon the severity of the underlying charges, these new cases will be felonies or misdemeanors. Convictions can result in the payment of heavy fines, lengthy prison sentences, or both. In addition, a conviction is likely to result in the rescission of bail in the principal case.

An Orangeburg County failure to appear lawyer may be able to help you. We can stand by your side to better understand why you missed your court date and to provide evidence to the court that excuses your absence. This could help you to avoid any further criminal charges or to fight back if a prosecutor has already filed a new case. Reach out to our legal team today to learn more.