Failure to Appear | Penal Code §1320 - Griffin Law Office, APC

Description

A person who is charged with or convicted of the commission of a misdemeanor who is released from custody and who in order to evade the process of the court willfully fails to appear as required, may be charged with Failure to Appear. A person who is charged with or convicted of a felony who is released from custody and willfully fails to appear as required may be charged with a felony.

What does the prosecutor have to prove?

1. Defendant is charged with the commission of a felony (sic. misdemeanor). or
1. Defendant is convicted of the commission of a felony (sic. misdemeanor).
2. Defendant was released from custody on his or her own recognizance.
3. In order to evade the process of the court, Defendant willfully failed to appear as required.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	Yes
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No