What happens if you get a failure to appear bench warrant on misdeameanor charge assault and destruction of property? Do they come arrest you and keep you until your court date? Or does the magistrate issue you a new bond for the fta? Also, I noticed that all these FTA's are capias charges and are either dismissed or resolved once the person appears in court on the original charges.
Is this the case? Could someone who really knows respond,please?(i.e. a lawyer) I hate all those people who say "my roommate is a cop"...and really don't know shit about the law.

A guy I know had a failure to appear warrant in (a neighboring county) a few months ago. The Ffx cops came out and got him, delivered him to (neighboring county), and he sat in jail for a while for the charge he had missed court on. He was also charged fully with failure to appear. It was not merely a capias hearing. In his case the charges did not go away. He is appealing but was found guilty. Not sure what his final sentences were before the appeal.

I mean I know I am not a lawyer but neither is anyone else on here. This is the best you will get.

Plus I would imagine there is no standard scenario.....is this a personal inquiry?



Edited 1 time(s). Last edit at 07/29/2006 01:19PM by RESton Peace.

Personally, I think the judge should just find your ass guilty because you failed to show up. For instance, if you get a speeding ticket from a cop and the cop fails to show up at your court date, they throw the ticket out. I believe the reverse should be true. If you fail to show up, it should count as a guilty plea. That's my opinion, anyway.

WashingToneLocian Wrote:
-------------------------------------------------------
> Personally, I think the judge should just find
> your ass guilty because you failed to show up. For
> instance, if you get a speeding ticket from a cop
> and the cop fails to show up at your court date,
> they throw the ticket out. I believe the reverse
> should be true. If you fail to show up, it should
> count as a guilty plea. That's my opinion, anyway.


I've been to cort for speeding where the cop didn't show and they continued it (the prosecutor can do that 2 times) u can too. first time over the phone second time in court if you tell the judge you want a lawyer

yo RES,


what is a capias for real? what was ur friend charged with and did he have to stay in jail until court or was he able to bond out. btw this is not about me but an associate of mine.

WashingToneLocian Wrote:
-------------------------------------------------------
> If you fail to show up, it should
> count as a guilty plea. That's my opinion, anyway.

your opinion doesnt count.


"the wisdom of the wise will perish, the intelligence of the intelligent will vanish."

Gravis Wrote:
-------------------------------------------------------
> WashingToneLocian Wrote:
> --------------------------------------------------
> -----
> > If you fail to show up, it should
> > count as a guilty plea. That's my opinion,
> anyway.
>
> your opinion doesnt count.


This coming from a wack job who is afraid of the police. I imagine you have a condo full of weapons like that 'tard who blasted the cops in Chantilly a couple of months back.

A capias is just an arrest warrant. Most of the time the court just actually wants to complete justice for the initial charges you faced, and tosses the failure to appear for that reason, or you come up with a good excuse for why you missed court and the judge lets you out over that.

In the case of the guy I know, he was charged initially (in that county) with a serious driving offense. The judge for whatever reason also could not excuse his failure to appear, and he was tried and convicted of both crimes and served at least a month. This could have been for multiple reasons, as this person was pretty fucking out of it and was in serious legal and personal trouble elsewhere at the time also.

If the police have to come and get you chances are that you will be convicted of the FTA. If you turn yourself in and provide a good reason for missing court you may sit in jail for a bit, but when the hearing comes up you have a better chance of having the FTA dismissed.

About 2 years ago I got an FTA bench warrant put on me for missing a driving on suspended court date (class 1 misdemeanor). It took the cops a few days (like 5) but they definitely came and got me.

The magistrate issued me a new bail ($500 bond), but definitely didn't have to. I got lucky. Thank god I had my credit card number memorized because I had to call a bails bondsman from one of those phones in the holding cell and convince him that I had the money to bail myself out and read him off my credit card number. After he got me out (took forever) he made me walk with him to the ATM across 123 to withdraw the money.

When my trial finally came up again I was convicted on both the driving on suspended and the FTA and did 10 days (concurrent) for each.

I completely agree with fd, if you know you have the bench warrant turn yourself in now. Perhaps contact a bonding company beforehand so it's not so much of a pain in the ass to bail yourself out afterwords. If I had turned myself in the FTA would have likely been dropped (according to the judge).

Good luck!

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