Penal Code § 853.7 PC – Violating a Written Promise to Appear in Court in California

• 1. Elements of 853.7 PC
• 2. Defenses
• 3. Expungements
• 4. Related Offenses
• Additional Resources

1. Elements of 853.7 PC

For you to be convicted of failing to appear (FTA) in court, California prosecutors must prove beyond a reasonable doubt the following two elements of the crime:

1. You gave a written promise to appear in court, and
2. You willfully failed to appear.¹

Note that if your court date gets postponed (“continued”) to a later date, you still face FTA charges if you miss that new court date.

Also note that you can be guilty of FTA even if you are innocent of the underlying crime you were charged with. It does not matter whether that underlying charge is for a misdemeanor, infraction, or felony.²

Penal Code 853.7 PC makes it a misdemeanor to willfully violate your written promise to appear in court.

2. Defenses

Here at Shouse Law Group, we have represented literally thousands of people in California charged with failure to appear (FTA) in court. In our experience, the following three defenses have proven very effective at getting 853.7 PC charges dismissed.

1. You did not “willfully” fail to appear: Perhaps you genuinely forgot about the court date. Or maybe there was no written promise to appear. As long as your missing court was not on purpose, FTA charges should not stand.
2. You did in fact appear in court: Like all bureaucracies, courts make mistakes with their records. Once we produce evidence that you did appear in court, the FTA case should be dropped.
3. You failed to show out of necessity: Perhaps you were dealing with an emergency situation (such as rushing your spouse to the hospital) at the same time you were due in court. As long as a reasonable person in your situation would have acted the same way, you should not be convicted of FTA.

Failing to appear in violation of a written promise carries up to six months in jail and/or $1,000.

3. Expungements

If you are convicted of failure to appear in California, you can get it expunged once you successfully complete:

• probation or
• jail.

An expungement erases many of the burdens of a conviction. Following the expungement, the court should automatically seal the record.

4. Related Offenses

Failure to Appear in Court after O.R. Release – 1320 PC

Penal Code 1320 PC makes it a California crime to fail to appear in court when:

1. you have been released on your own recognizance, and
2. you are required to appear in court via a court order.

If the underlying charge is a misdemeanor, then failing to appear is a misdemeanor. If the underlying charge is a felony, then failing to appear is a felony.

Failure to Appear in Court after Release on Bail – 1320.5 PC

Penal Code 1320.5 PC makes it a California crime to fail to appear in court when:

1. you have been released on bail on a felony offense, and
2. you are required to appear in court via a court order.

The prosecutor can choose to charge this crime as a misdemeanor or a felony.

Failure to Appear in Court on Traffic Citation – 40508 VC

Vehicle Code 40508 VC makes it a California crime to:

1. break a promise to appear in court following a traffic ticket, or
2. fail to pay bail following a ticket.

This offense is always a misdemeanor, even if your traffic ticket was just for an infraction.

Additional Resources

To search if you have a warrant, refer to the following:

• National Crime Information Center – The FBI’s centralized database for accessing criminal justice information, including warrants.
• SearchQuarry.com – Public record provider with warrant searches by name, city or county.
• Vinelink.com – Free site to search for outstanding warrants and criminal records in participating states.
• PeopleFinders.com – Public records site providing warrant searches among other lookup services for a fee.
• CriminalWatchdog.com – Subscription service for continuous monitoring of criminal records and warrants.

Legal References: