Failure to Appear (Bail Secured) for Misdemeanor in Florida

Many people are surprised to learn that if they fail to appear in court after posting bond on any misdemeanor charge that the prosecutor can also bring another separate criminal charge for the failure to appear. The prosecutor is especially likely to file an additional charge for failure to appear (sometimes called "jumping bail") when the person fails to surrender on the outstanding warrant or capius within a reasonable period of time after the original failure to appear.

If you failed to appear in court after posting bail through a bail bondsman, posting a cash bond, or being released on a signature bond (ROR), contact an experienced criminal defense attorney to discuss the best ways to resolve the case.

The attorneys at the Sammis Law Firm represent men and women throughout the greater Tampa Bay area on failure to appear warrants and the underlying felony or misdemeanor charges in Tampa or Plant City for Hillsborough County, Brooksville in Hernando County, New Port Richey or Dade City in Pasco County, Clearwater or St. Petersburg in Pinellas County, Bradenton in Manatee County, and Bartow or Lakeland in Polk County, FL.

Florida Statute 843.15 - Failure of Defendant on Bail for a Misdemeanor to Appear

Florida Statute 843.15 (1)(b) makes it a separate first degree misdemeanor to fail to appear in court after posting bail in any misdemeanor case. If the person fails to appear for any felony charge, then the offense can be charged as a third degree felony under Florida Statute 843.15(1)(a).

What are the Consequences of a Failure to Appear on a Misdemeanor in Florida?

After a failure to appear in court the judge will typically issue a no bond warrant for your arrest or capius. In some cases the court may allow for a bond on the failure to appear warrant. The person who missed court may have several options including:

• immediately reporting to the jail to surrender on the failure to appear warrant or capius;
• hiring an attorney to file a motion to withdraw the failure to appear warrant or capius and set a court date;
• hiring an attorney to file a "motion to surrender" in the courtroom (instead of the jail) on the failure to appear capius or warrant in order to attempt to avoid another set of arrest records, mug shots and finger prints.

The worst thing the person can do is continue to remain in failure to appear status. The consequences of having the outstanding warrant may include:

• being ineligible to collect certain government, state or local benefits such as social security income, unemployment compensation, or financial aid;
• having your driver's license suspended indefinitely until you surrender or set a court date and obtain a D-6 clearance;
• having trouble finding a job because the outstanding warrant will show up in even the most basic background check; and
• having trouble renting a house or apartment because of the outstanding warrant.
• incurring a forfeiture of any security which was pledged or given for the release;
• an additional criminal charge for failure to appear (FTA) as discussed above; and
• a finding of contempt if that option is exercised by the court.

Elements of the Offense - Failure to Appear Warrant or Capius

The elements of the offense are generally provided by the standard jury instructions for failure of defendant to appear in court while on secured bond.

Chapter 903 - Bail and Bond Provisions under Florida Law

After an arrest for any misdemeanor charge, a person may be released from custody pursuant to Florida Statute, Title XLVII for criminal procedure and corrections under Chapter 903 which is related to certain bail provisions including:

• Under Florida Statute 903.011, the term bail or bond is defined as any form of pretrial release including any cash component or monetary component of any form of pretrial release met by a surety bond. The definition of bail or bond under Florida law also provides that differing monetary amounts may not be set for surety, cash or other forms of pretrial release.
• Appearance bond as provided by Florida Statute Section 903.105.
• Bail on appeal following a plea that reserves the right to appear an adverse dispositive ruling on a pre-trial motion or upon a finding of guilt after a bench or jury trial.
• Cash or property bail.

Related topics: Florida Statutes 843.1.b or 843.15 1 b

Finding a Tampa Attorney for a Failure to Appear Warrant or Capius

If you would like to speak directly with an attorney about your failure to appear warrant or capius on any felony or misdemeanor charge in Florida then contact a criminal defense attorney at the Sammis Law Firm in Tampa, Hillsborough County, FL.

Our attorneys are experienced in representing clients charged with failure to appear on underlying felony or misdemeanor charges throughout the greater Tampa Bay area including: Plant City or Tampa for Hillsborough County, Dade City  or New Port Richey for Pasco County, Brooksville in Hernando County, Bradenton in Manatee County, St. Petersburg or Clearwater for Pinellas County, and Lakeland or Bartow in Polk County, FL.