NRS 199.335: Definition & Consequences of Failure to Appear (FTA) in Court

Failing to appear in court can have serious consequences, often leading to more legal troubles than the original charges. When individuals miss their scheduled court dates, they risk facing additional penalties, including fines, jail time, and the issuance of a bench warrant. This legal misstep, known as failure to appear (FTA), can transform a minor infraction into a complex legal situation that affects various aspects of a person’s life.

This article explores the key elements of NRS 199.335, the Nevada statute governing failure to appear, and its potential impact on individuals. Here, we cover everything you need to know about this law, including its definition, penalties, civil implications, and defense strategies. Keep reading to understand the severity of FTA charges and how an attorney can help resolve them.

If you are facing FTA charges, you need an experienced criminal defense attorney by your side. The Defenders is a team of skilled and dedicated lawyers who can help you navigate the legal system and protect your rights. Contact us today for a free consultation.

Definition of Failure to Appear

Failure to appear refers to an individual’s failure or refusal to attend their scheduled court hearing, trial, or other legal proceedings as ordered by the court. It is considered a criminal offense in Nevada under NRS 199.335.

According to this statute, individuals summoned to appear before any court are legally obligated to attend at the appointed time and place. This includes all types of court appearances that one needs to appear in such as

Arraignments: the first court appearance, where the defendant is informed of their charges and basic rights
Preliminary hearings: a court hearing to determine if there is enough evidence for the case to proceed to trial
Trials: legal proceedings in which both parties present evidence and arguments to a judge or jury
Sentencing hearings: proceedings where the judge announces the punishment for a convicted individual

Key Elements of NRS 199.335

As mentioned earlier, NRS 199.335 is the Nevada statute governing failure to appear in court. This law outlines the key elements of FTA charges and their associated penalties. Let’s take a closer look at these elements:

Failure to Appear after Admission to Bail or Release Without Bail

According to NRS 199.335, individuals who are admitted to bail or released without bail are under legal obligation to attend their court hearings as scheduled. This includes not showing up for any scheduled court date or failing to comply with any modification made to the date or time.

“Bail” refers to the temporary release of an individual from jail while awaiting trial, with certain conditions attached.

Surrendering Within 30 Days

NRS 199.335 also stipulates that individuals who fail to appear have a grace period of 30 days from the original court date to surrender themselves. If they do so within this timeframe, they may avoid additional criminal charges.

Penalties for Failure to Appear

The severity of penalties for failure to appear depends on various factors, including the nature of the charges and whether there were any aggravating circumstances involved. Here’s an overview of potential consequences under NRS 199.335:

Category D felony: If the original offense is a felony, failure to appear may be charged as a category D felony under NRS 193.130. This carries a potential punishment of one to four years in state prison and/or up to $5,000 in fines.
Gross misdemeanor: When the initial charge is a gross misdemeanor or multiple gross misdemeanors, FTA may be charged as a gross misdemeanor. A conviction carries a potential sentence of up to 364 days in county jail and/or up to $2,000 in fines.
Misdemeanor: For minor offenses or multiple misdemeanors, FTA may be charged as a misdemeanor. This carries a maximum punishment of six months in jail and/or up to $1,000 in fines.

In addition to these criminal penalties, individuals may also face other consequences, such as:

Issuance of a bench warrant for their arrest
Increased bail or bond requirements for future court appearances

Factors Affecting Severity of Punishment

The court considers various factors when determining the severity of penalties for failure to appear. These include:

The nature and gravity of the underlying charges
Any prior FTA convictions or criminal history
Any aggravating circumstances, such as fleeing from law enforcement or causing harm to another person while evading arrest

Intention to Avoid Prosecution

The intention to avoid prosecution significantly impacts the punishment.

If a person leaves Nevada to evade prosecution, the charge escalates to a category D felony, regardless of the original offense. This can lead to a prison sentence ranging from 1 to 4 years and a maximum fine of $5,000

Prior Failure to Appear Incidents

Although not explicitly mentioned in the provided information, it’s reasonable to infer that prior failure to appear incidents may influence the severity of punishment. Judges often show leniency for first-time failures to appear, typically agreeing to quash warrants in such cases.

Traffic Court and License Suspension

Failure to appear in traffic court can result in the suspension of an individual’s driver’s license. If a person fails to appear at their scheduled traffic court hearing or comply with any related order, the Department of Motor Vehicles may suspend their license.

License suspension may be avoided if:

The judge cancels the traffic citation
A payment arrangement is confirmed
The individual successfully requests a DMV hearing to challenge the proposed suspension

Opting for a DMV hearing allows continued driving privileges until the hearing’s resolution.

Defending Against Failure to Appear Charges

Below are the most common defenses against failure to appear charges:

Proving Presence in Nevada

One primary defense strategy involves demonstrating that the accused never left Nevada, particularly if the charge is a category D felony due to an intention to avoid prosecution. This can be achieved through evidence such as credit card statements, phone records, or eyewitness testimony within the state during the time in question.

Demonstrating Lack of Intent

Another defense is proving that the accused had no intention of avoiding court proceedings. This could involve showing that they never received notice of the court date or were physically or mentally unable to attend.

Presenting Extenuating Circumstances

If there were extenuating circumstances beyond the individual’s control that prevented them from appearing in court, this may also serve as a defense against FTA charges. Examples could include medical emergencies, transportation issues, or natural disasters.

Bench Warrants and Failure to Appear

If an individual fails to appear in court, the judge may issue a bench warrant for their arrest. This means that law enforcement has been authorized to arrest the individual and bring them before the court. Bench warrants can be executed at any time, including during routine traffic stops or other interactions with law enforcement.

To avoid being arrested on a bench warrant, it is important to take action immediately. The first step is to contact an attorney who can help quash (cancel) the warrant and schedule a new court date. With their guidance, the individual can then present a strong defense against FTA charges and work towards resolving the underlying legal matter.

Facing FTA Charges? Hire The Defenders

At The Defenders, our experienced attorneys understand the seriousness of failure to appear charges and the potential consequences. We are dedicated to defending our clients’ rights and ensuring fair treatment under the law.

If you or a loved one is facing FTA charges, do not hesitate to contact us for a free consultation. We will fight for your best interests and help you navigate the legal process with confidence. Let us be your defenders against criminal charges. Contact us today at 702-333-3333 for a free case evaluation.

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