“Failure to Appear” (FTA) means that you missed a required court date. The consequences can vary depending on the type of case that you have. For example, if you fail to appear in a criminal case, the Illinois court where your case is being litigated may issue an arrest warrant. Court cases that include traffic, misdemeanor, felony, child support, etc., will all come with some type of repercussion if you do not show up as mandated.
FTA is serious and can trigger warrants, license problems, bond issues, and additional penalties. This is why it is critical that you have a lawyer if you have an FTA. An attorney may be able to reduce the damage before your situation escalates.
The Chicago failure to appear defense lawyers at Glasgow & Olsson can help you if you have an FTA. The legal team at Glasgow & Olsson has the experience and skill to defend you in a wide variety of ways, including
- Recalling or quashing a bench warrant
- Avoiding jail time or detention
- Protecting your driver’s license
- Handling court appearances
- Negotiating with prosecutors
- Preventing additional charges or contempt findings
FTA in Criminal Cases in Illinois
For criminal cases in Illinois, FTA can result in the court either issuing a summons or an arrest warrant. Under current Illinois law, the courts are highly encouraged to use summonses first, when possible.
FTA for Traffic Cases in Illinois
If you have an FTA for a traffic case in Illinois, then the court can take several actions:
- Find you guilty “in absentia” (you will be found guilty without you being in court)
- You may have your license suspended by the Illinois Secretary of State
- Remember, driving on a suspended license can become a separate criminal offense with its own set of punishments.
2023 Pretrial Fairness Act
Recently, the courts decided to change how they handle FTA. They determined it was best to move away from automatic money-based punishment and instead toward individualized decisions.
Before the Pretrial Fairness Act was in place, the old cash-bail system often meant:
- Forfeited bond money
- Automatic warrants
- In some instances, remaining in jail until you were able to pay
However, after the law was implemented, Illinois courts now focus on whether a person is intentionally avoiding court, whether they are dangerous, and whether less restrictive measures will be enough to ensure appearance.
Although a court can issue a warrant after a missed court date, and often does when necessary, the statute says that a summons should be used whenever possible.
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FTA may not mean automatic detention, but it can lead to several unpleasant outcomes, such as:
- Bench warrants
- Detention hearings
- Stricter release conditions
- Contempt filings
- License consequences
- Jail
For all of these reasons, you must have a lawyer if you have an FTA.
At Glasgow & Olsson, we are widely recognized as a leading authority in Illinois criminal law. For this reason, Attorney Thomas T. Glasgow is a trusted legal voice who is regularly invited to appear on major networks, including ABC, CNN, NBC, CBS, and Fox News.
When your freedom is at stake, reputation and experience matter.
Speak with our Chicago criminal defense attorneys today and learn how decades of trusted experience can protect what matters most to you.