5/11/2020 Failure to appear - Wikipedia

Failure to appear
In law, failure to appear consists of a defendant or respondent refusing to appear at (or within) the
stated time before a tribunal as directed in a summons. Where the conduct alleged in the summons or
complaint is an infraction or summary offence, failure to appear is a process crime for which a bench-
warrant can be issued if the defendant promised to appear. If the conduct alleged is a tort or other
cause for civil action, failure to appear generally results in a default judgment by the court in favor of
the plaintiff/petitioner.

In the United States

Failure to appear in U.S. federal law is an offense punishable by a prison term, depending on the
seriousness of the offense the person is being sentenced for:[1][2]

Maximum prison term for failure to Offense

Offense of conviction
appear for sentencing level
An offense punishable by death, life imprisonment, or
10 years 14
imprisonment for a term of 15 years or more
An offense punishable by imprisonment for a term of five years
5 years 11
or more
Any other felony 2 years 8
A misdemeanor 1 year 5

References
1. 18 U.S.C. § 3146(b) (https://www.law.cornell.edu/uscode/text/18/3146#b)
2. USSG §2J1.6 (http://www.ussc.gov/guidelines-manual/2014/2014-chapter-2-e-k#2j16)

External links
"Failure to appear" comprehensive overview (http://www.articleworld.org/Failure_to_appear)

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This page was last edited on 13 May 2020, at 15:18 (UTC).

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