4.427 — FAILURE TO APPEAR
Violations of "Statute 4.427" results in a Class A Misdemeanor
(a) Definitions
Failure to appear refers to the act of a defendant failing to appear in court as required by law after being properly notified or summoned to attend a scheduled court proceeding. This offense typically occurs when an individual, who has been legally summoned, neglects or intentionally avoids attending a hearing, trial, or other required court appearance.
(b) Elements
To establish the offense of failure to appear, the prosecution must prove beyond a reasonable doubt the following elements:
The defendant was lawfully notified of a required court appearance.
The defendant had a legal obligation to appear in court for a specific hearing, trial, or other scheduled proceeding.
The defendant willfully failed to appear at the scheduled court appearance.
The defendant was not excused or granted permission to miss the scheduled appearance.
(c) Defenses
Defenses against a charge of failure to appear may include:
The defendant was unable to attend the court hearing due to an emergency or unforeseeable circumstances (e.g., illness, accident, family emergency) and made reasonable efforts to inform the court of their inability to appear.
The defendant was not properly notified of the court date or failed to receive the summons.
The defendant had a valid excuse or prior arrangement that permitted their absence, which was approved by the court.
(d) Aggravating Factors
The court may consider the following aggravating factors when determining the severity of the offense:
The defendant has a history of failure to appear in court or other similar offenses, showing a pattern of noncompliance with legal obligations.
The failure to appear resulted in a delay or disruption of the judicial process, affecting the timely administration of justice.
The defendant’s failure to appear was intentional or planned, particularly in a case where they knew of the hearing and chose to disregard their obligation.
The failure to appear was in connection with a serious or high-profile case, resulting in significant consequences or public concern.
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