1214.1 PC – Fines for Failure to Appear in Court

California Penal Code 1214.1 PC imposes a $100.00 fine on a person who fails to appear in court for a required criminal proceeding. This applies to proceedings for

• infractions,
• misdemeanors, or
• felonies.

The language of the code section reads:

1214.1. (a) On or after July 1, 2022, in addition to any other penalty in infraction, misdemeanor, or felony cases, the court may impose a civil assessment of up to one hundred dollars ($100) against a defendant who fails, after notice and without good cause, to appear in court for a proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail as agreed to under Section 40510.5 of the Vehicle Code. This assessment shall be deposited with the county treasurer as provided in Section 1463.001, and transmitted to the State Treasurer for deposit into the General Fund.

Examples

• Lucas pleads guilty to a Penal Code 594 PC vandalism charge, but does not return to court for his sentencing hearing.
• Tina is charged with “shoplifting” under Penal Code 459.5 PC, but rather than appear for her trial, she leaves the state.
• Jerome fails to appear for his arraignment after being charged with assault with a deadly weapon under Penal Code 245a1 PC.

Note that the failure to appear may also lead to additional criminal charges against an accused under Penal Codes 1320 PC and 1320.5 PC.

California Penal Code 1320 sets out the crime of “failing to appear” for defendants who are released on their own recognizance. Penal Code 1320.5 defines “failure to appear” for California defendants who are released on bail.

The penalties for failing to appear under these two statutes can include:

1. either a misdemeanor or a felony charge, and
2. imprisonment in county jail for up to one year.

Please note that if a person does not appear in court for a California traffic ticket, he be charged with “failure to appear” under California Vehicle Code 40508 VC.

Our California criminal defense attorneys will highlight the following in this article:

• 1. What are the fines under 1214.1 PC?
• 2. Is it a crime to fail to appear in court?
• 3. Are there legal defenses?
• 4. Could I also be charged under Vehicle Code 40508 VC?

1. What are the fines under 1214.1 PC?

Penal Code 1214.1 PC is the California statute that states a person must pay a $100.00 fine if he fails to appear in a court-ordered criminal proceeding.¹ This proceeding can be for any of the following crimes:

• infractions,
• misdemeanors, or
• felonies.²

Note that a prosecutor must prove two things in order for a defendant to be fined under this statute. These are:

1. a notice was sent to the defendant telling him to appear in court, and
2. the party ignored the notice “without good cause.”³

The use of the language “without good cause” means that a defendant may have a valid legal defense to any charges under PC 1214.1 if he failed to appear because of a good cause. One example would be that an emergency led to his failure to appear.

2. Is it a crime to fail to appear in court?

A person can be charged with the crime of “failure to appear” in California if:

1. he is charged with or convicted of a California crime,
2. he is released from custody, and
3. he willfully fails to appear in court when required to do so, in order to evade the process of the court.⁴

California Penal Code 1320 sets out the crime of “failing to appear” for defendants who are released on their own recognizance.⁵ Penal Code 1320.5 describes “failure to appear” for California defendants who are released on bail.⁶

The penalties for failure to appear in California depend on the type of crime that the party was initially charged with or convicted of.

If initially charged with or convicted of a misdemeanor, and the defendant was released on his own recognizance, then failure to appear is a misdemeanor.⁷ The penalties include up to six months in county jail.

But if a party was either:

• charged with or convicted of a felony, and released on his own recognizance, or
• charged with or convicted of a felony, and released on bail,

then failure to appear will be a felony under California law.⁸

Potential penalties include a county jail sentence of up to one year.⁹

3. Are there legal defenses?

Luckily, there are several legal defenses that a defendant can raise if accused of a crime under either PC 1320 or 1320.5. These include showing that the defendant:

1. did not willfully fail to appear, and
2. did not specifically intend to evade the process of the court

As to the first defense, please recall that a defendant must act “willfully” to be guilty under these statutes. This means it is always a defense for an accused to say he did not act with willful intentions. For example, maybe a defendant was simply unaware of a court date or proceeding.

As to the second defense, recall that a defendant cannot be charged under these statutes unless he had the specific intent to evade the process of the court. A defense, therefore, is to show that a defendant did not act with this requisite intent. Maybe he missed a court appearance, for example, on account of an emergency.

4. Could I also be charged under Vehicle Code 40508 VC?

Vehicle Code 40508 VC is the California statute that says it is a crime if a person fails to appear in court for a traffic ticket.

A prosecutor must prove three things to successfully convict a person under this statute. These are:

1. the accused received a traffic citation,
2. in connection with the citation, the accused signed a written promise to appear in court (usually traffic court), and
3. the accused then willfully failed to appear.¹⁰

A violation of VC 40508 is charged as a California misdemeanor. The crime is punishable by:

• up to six months in county jail,
• a fine of up to $1,000,¹¹ and/or
• suspension of the defendant’s driver’s license.¹²

Contact us for help…

If you or someone you know is interested in more information on Penal Code 1214.1, we invite you to contact us for a free consultation. We can be reached 24/7.

For information on failure to appear laws in Nevada, please see our article on: “Nevada Laws re “Failure to Appear” (NRS 199.335) Explained by Las Vegas Criminal Defense Lawyers.”

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