Warrants 101 Part 4: Failure to Appear Warrants

“Failure to Appear” warrants are arguably one of the most misunderstood types of warrants because they often occur in the context of another court proceeding. A judge generally uses a failure to appear warrant as a method to compel a person’s appearance in court or to comply with a court’s orders after a person has failed to do so.

In this brief article, a defense attorney in Clearwater with our team at Russo, Pelletier & Sullivan shares some insights into what a failure to appear warrant is and what to do if you find yourself subject to a failure to appear warrant. 

What is a Failure to Appear Warrant?

A failure to appear warrant is issued by a judge. A failure to appear warrant directs law enforcement to arrest an individual for failing to comply with a court’s order. The most common type of failure to appear warrant is a warrant for arrest that is issued because a person failed to appear in court when they were otherwise required to be there.

When Can a Failure to Appear Warrant Mean an Arrest?

You might be thinking: this sounds like another word for an arrest warrant. And in part, you’d be correct. A failure to appear warrant can be issued directing law enforcement to make an arrest. However, a failure to appear warrant isn’t necessarily only issued for someone who has failed to appear in court for their own cases. It can be issued for witnesses who fail to appear after being subpoenaed to testify (both for depositions and trials) and who now find themselves in contempt of court. 

If you have a failure to appear warrant out and come into contact with law enforcement, the officer will arrest you. For example, if you have a failure to appear warrant for your arrest and contact 911 for help in an emergency, be it needing fire rescue or police assistance, you would likely be arrested once the situation was dealt with and law enforcement ascertained your identity. It is extremely common for the police to run a “wants and warrants” check on people that they come into contact with. That’s why it’s so important to get help from a defense attorney in Clearwater to handle any failure to appear warrants or any other type of warrant. Often, taking a proactive approach is much preferable than trying to avoid service of a warrant or simply ignoring the existence of a warrant and hoping for the best. 

If you have been arrested on a warrant or if a failure to appear warrant has been issued for your arrest, defense attorney Marc N. Pelletier in Clearwater can help. It’s important that you speak with an attorney in an effort to avoid unnecessary charges, arrests, jail time, and other penalties.

For a free consultation with a defense attorney in St. Petersburg, please contact Russo, Pelletier & Sullivan today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.