Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
24/7 Help:
(866) 361-0010
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
Call Us NowPosted on
An FTA warrant is essentially a bench warrant for your arrest that a judge issues because you “failed to appear” (FTA) for a court matter. You can “fix” the warrant by “recalling” or “quashing” it, which means having it cleared from the judicial system. You typically must appear in court to recall an FTA warrant.
A failure to appear in court is a crime in California. Prosecutors typically file an FTA charge under either:
Failing to appear in court can lead to either misdemeanor or felony charges.
Note that these are additional charges to the original charges that were filed against you.
A judge issues an FTA warrant when you “fail to appear” for a court date. The warrant is basically a bench warrant (as opposed to an arrest warrant), issued pursuant to Penal Code 978.5, which authorizes police officers or law enforcement officers to arrest you and bring you to court.
Once brought to court, the judge can either:
Failure to appear refers to a situation where you are legally required to make a court appearance, but you willfully fail to do so.
A legal requirement to appear in court arises when you either:
Failure to appear results in a criminal case/criminal charge under California law. It is most often charged under either:
Most California courts will not recall or drop a bench warrant on their own. If you are subject to a bench or FTA warrant, then you must work to get it cleared or recalled.
You can typically recall a warrant by appearing in court.
Our criminal defense attorneys at Shouse Law Group can usually get your warrant quashed by appearing in court in your place provided the reason for the FTA warrant was:
If, though, you failed to obey a court order that arose out of a felony case, you must be present in court personally (with or without an attorney) in order to clear the warrant.
In trying to quash a bench warrant, we have had great success by arguing that:
Penal Code 1320a PC is the California statute that makes it a crime to willfully fail to adhere to a court order to appear in court.
While this statute applies when you are released “on your own recognizance,” Penal Code 1320.5 is a similar code section that applies to your failure to appear when:
The penalties under these code sections depend on the type of crime you were initially charged with or convicted of.
If you are charged with or convicted of a misdemeanor, then failure to appear is a misdemeanor.1 The penalties include:
If you are charged with or convicted of a felony, then failure to appear is charged as a felony.3 The crime is punishable by:
Vehicle Code 40508a VC is the California statute that makes it a crime to fail to appear in traffic court following a traffic stop or traffic violation.5
Note that a prosecutor does not have to show that you were guilty of the underlying traffic offense. You violate this law just by breaking a promise to:
A violation of this law is a misdemeanor. This is true even if the original traffic violation was only for an infraction.
The offense is punishable by:
A violation of the law can also lead to a possible license suspension (per the DMV and the Department of Driver Services) for up to 30 days.
Given the harsh penalties for a failure to appear, if you are facing this charge, you must consult with a criminal defense lawyer or law firm for assistance. An attorney can help you develop a legal defense/disclaimer to contest the charges against you.
Note that most defense attorneys provide a free consultation. Further, the information you provide to a lawyer is privileged by the attorney-client relationship. This means a lawyer cannot disclose this information to someone else without your consent.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.