Failure to Appear Triggers Federal Fugitive Database Placement

 Posted on December 11, 2024 in Criminal Defense

The majority of those who miss a court date are not deliberately evading justice; they may simply have issues beyond their control. Perhaps a person cannot miss work without risking his or her job or lacks childcare options. Some people who have a court appearance scheduled do not understand the court instructions. Or, as busy as most people’s lives are in today’s world, maybe the court date simply slipped their minds.

Regardless of the reason, an individual who fails to appear is often seen as a fugitive from justice, met with harsh punishments, including additional charges, fines, fees, the necessity of a criminal defense attorney, and jail or prison sentences. While none of these penalties and punishments make attending court easier, they do add to the hardship and instability of those who may already be struggling.

Across the United States, many different responses exist for defendants who fail to appear in court. Most states provide at least a little "wiggle room," including the possibility that there was a valid reason for a missed court date. While Tennessee has always punished failure-to-appear offenses harshly, the penalties for the offense became much more severe as of July 1, 2024.

Under Senate Bill 2304, individuals who miss a court date will be placed on a federal fugitive database within ten days of the missed date. This applies to anyone charged with a violent or sexual Class A or B misdemeanor or a felony. If you face failure to appear consequences, your original charges may escalate significantly. An Anderson County, TN criminal defense attorney from Jeffrey Coller, Knoxville Criminal Defense Attorney will protect your rights while mounting a vigorous defense on your behalf.  

How a Response to a Non-appearance Can Have Serious Future Consequences

Unfortunately, in addition to these new penalties, a failure-to-appear charge can negatively impact whether an individual will be released on bond before trial. In today’s overburdened courts, pretrial detention can last for months, even years. Further, a judge may make the (often incorrect) assumption that a person who misses a court date does not take the case seriously. This type of bias can result in a harsher sentence in the event of a conviction.

Following the new law's implementation in Tennessee, a person could face three years in state prison if convicted of a non-appearance offense. If your original criminal charge was for a misdemeanor, failing to appear can add another Class A misdemeanor charge. The penalties in Tennessee for a Class A misdemeanor include fines as large as $2,500 and a prison sentence as long as 11 months and 20 days added on to the original offense sentence. In addition to being added to the federal fugitive database, missing a court date in Tennessee can result in:

• A bench warrant for the arrest of the defendant
• Revocation of a bail bond
• Alterations to the conditions of release

Are There Defenses to Failure-to-Appear Charges?

The moment a person realizes he or she has missed a court date, the best course of action is to immediately contact a criminal defense attorney who can promptly explain the circumstances to the court and reschedule the court date. Perhaps there was an illness or family emergency.

The defendant may have been involved in an accident or was otherwise truly unable to attend court. An experienced criminal defense attorney may be able to halt some of the adverse consequences of a failure to appear. Ignoring the non-appearance is never the correct response, particularly in light of the new, harsher penalties.  

Contact a Union County, TN Criminal Defense Lawyer

As you can see, adding failure-to-appear charges to current criminal charges can escalate the situation significantly. When you have an experienced Blount County, TN criminal defense attorney from Jeffrey Coller, Knoxville Criminal Defense Attorney by your side you can expect an aggressive defense for all your charges. We believe the most effective strategy for defending a client against criminal charges is to address those charges directly and vigorously. Call 865-281-1000 today to schedule your free consultation and discuss your charges.