Failure to AppearCalifornia Penal Code Section P.C. 1320 and 1320.5
What is a Failure to Appear in California?
California Penal Code 1320 specifically addresses the legal consequences faced by individuals who, having been released from custody either on their own recognizance or upon executing a written promise, willfully neglect to appear in court on the designated date. This statute underscores the judiciary’s expectation of compliance with court orders and mandates, aiming to ensure that individuals adhere to their legal obligations during pretrial processes.
The primary distinction between California Penal Codes 1320 and 1320.5 lies in the nature of the underlying offense and the severity of the penalties imposed. Penal Code 1320 addresses the failure to appear in court after being released on one’s own recognizance or after promising in writing to do so, typically before trial proceedings. In contrast, Penal Code 1320.5 specifically targets individuals who fail to appear in court after being released on bail, which usually involves more serious charges or circumstances.
If you’re charged with Failure to Appear in California, seek the Law Firm of Gomez, Radford, & Rome who have extensive experience handling these cases right away.
What Must the Prosecution Prove for a Penal Code 1320 Conviction?
For a conviction under Penal Code 1320, the prosecution is tasked with establishing several critical elements:
Firstly, that the defendant was indeed released from custody under the condition of a written promise or on their own recognizance;
Secondly, that the defendant received clear notification of the scheduled court appearance; and
Thirdly, that the defendant’s failure to appear was a willful act, indicative of a deliberate intention to disregard the court’s directive.
Penalties and Consequences
The penalties under Penal Code 1320 are bifurcated based on the nature of the original charge for which the court appearance was mandated. Although this case can be either a felony or a misdemeanor, it’s not really a wobbler in the traditional sense because the objective criteria for whether it’s a felony or misdemeanor are clearly laid out in the statute.
Under Penal Code 1320, penalties vary based on whether the failure to appear was in relation to a misdemeanor or felony charge. For misdemeanors, the consequence can include a fine up to $1,000 and/or up to six months in county jail. For felonies, the penalties can escalate to a fine of up to $5,000 and/or up to one year in county jail, especially if the defendant was out on bail, highlighting the system’s escalated response to failures in more serious cases.
How Do the Consequences Escalate Under Penal Code 1320.5?
Penal Code 1320.5 imposes more severe penalties, reflecting the heightened breach of trust when a defendant fails to appear for a court date after being released on bail. This statute is particularly concerned with felony cases, where the failure to appear can lead to a new felony charge, carrying potential state prison terms that are in addition to any penalties for the original charges. The exact term can vary but is often significantly longer than the maximum jail time under Penal Code 1320, underlining the gravity of bail jumping in the eyes of the law.
The severity of charges under Penal Codes 1320 vs. 1320.5 can significantly influence related legal proceedings and outcomes. A charge under 1320.5 not only indicates a serious initial offense but also compounds the defendant’s legal challenges by adding a felony charge that carries substantial prison time. This escalation can affect plea negotiations, sentencing in the original case, and your credibility in court.
What are some possible defenses to the charge under Penal Code Section 1320 or PC 1320.5?
There are a number of possible defenses to this crime given the extremely complicated nature of the law surrounding it. It’s important that an attorney review any possible defenses you may have because each case is highly specific to the facts and circumstances of your case.
Defending against a Penal Code 1320 accusation often revolves around challenging the ‘willfulness’ of the failure to appear. Demonstrating that the absence was not a product of deliberate intent, but rather the result of extenuating circumstances beyond the defendant’s control (such as sudden illness or unforeseeable emergencies), can be pivotal. Legal defenses may also explore the adequacy of the notice provided regarding the court date, potentially arguing that a lack of proper notification absolves the defendant of responsibility for the missed appearance.the case. These defenses are difficult and require the jury to really believe a defendant’s testimony. That’s why it’s so important to have a good attorney by your side in a case like this, because there are a number of strategies that only experienced trial attorneys would know to help get a jury on your side.
Related Cases
Violations of Penal Code 1320 might be accompanied by charges related to the original crime for which the defendant was supposed to appear in court. Additionally, if the failure to appear involves deceit or fraud, charges like Penal Code 1320.5 (bail jumping) or other fraud-related statutes could also apply. Vehicle Code VC 40508 is a similar crime when you fail to appear in court for a traffic ticket. The penalties are significantly lower, however. Also check out Penal Code 1214.1, which is the California statute that says you must pay a $300 fine if you fail to appear in a court-ordered criminal proceeding – This could be anything from an infraction to a felony, although it is very infrequently charged.
Hire Gomez, Radford, & Rome if you’re charged with violating California P.C. 1320 or 1320.5
If you or someone you know is facing charges under Penal Code 1320 for failing to appear in court, it’s crucial to seek legal representation. Given the nuanced differences and the potential for severe penalties under both Penal Codes 1320 and 1320.5, it is imperative for individuals facing such charges to seek specialized legal guidance. The law firm of Gomez, Radford, & Rome, with its focus on Los Angeles criminal defense, is adept at navigating the intricacies of these statutes, offering informed and strategic legal representation aimed at achieving the most favorable outcomes while diligently protecting the rights of the accused. Their expertise can provide the necessary defense strategy to navigate the complexities of the legal system and work towards a favorable outcome. Our attorneys are all former prosecutors with a wealth of experience in handling these and other serious felony charges. Don’t wait, visit our office or call today for a free consultation.