Ensuring that criminal defendants appear in court can be a challenge. Individuals facing serious charges or already convicted and awaiting sentencing might attempt to flee the jurisdiction to avoid penalties in some cases.
The law requires that those facing charges attend court as scheduled. Those released from custody pending a trial or sentencing are often subject to bond provisions that require they pay a deposit as surety for their future appearances in court.
Those who failed to appear may face substantial financial penalties. The judge presiding over their case can also determine that they are in contempt of court, which can lead to secondary criminal consequences. Virginia state lawmakers have introduced a bill that could significantly change the consequences for failing to appear in court if that failure is willful.
What have lawmakers proposed?
A new bill could increase the penalties for intentionally failing to appear in criminal court in Virginia. The bill makes the failure to appear at a preliminary hearing or trial for a felony offense a Class 6 felony, which carries a fine of up to $2,500 and a possible sentence in state prison or jail.
Currently, failing to appear in court and other forms of contempt of court are usually misdemeanors subject to summary sentencing from a judge. Those accused of contempt often pay up to $250 in fines or face up to 10 days in jail.
The willful absence of the defendant is a key component of the new statute. The burden is on the state to show that an individual intended to avoid court proceedings.
In scenarios where illness, motor vehicle crashes or other unusual circumstances interfered with court attendance, the state may not have adequate reason to pursue willful non-appearance allegations against the defendants. Anyone facing criminal charges likely needs support assessing their legal situation, ensuring they fulfill all requirements, such as appearing at mandatory court dates and responding effectively to the charges to minimize the penalties imposed.
The support of a criminal defense attorney can help defendants secure their release pending trial and can help them understand what the courts require of them. Tracking major changes to existing statutes can help defendants avoid mistakes that could significantly worsen their current legal circumstances.