Federal Failure to Appear
If you are charged with a federal crime and released pending trial, or released while waiting to begin a sentence, you must show up at your next scheduled court date. A Failure to Appear in Federal Court can make things a lot worse for you.
What will happen if I am on pretrial release and I fail to appear?Criminal charge and punishment Failure to appear in Federal Court is itself a crime under 18 U.S.C. 3146. The punishment for an FTA charge varies depending upon the severity of the underlying charge for which a person is on pretrial release.
- If the underlying charge is punishable by at least 15 years in prison, an FTA charge can be punishable by up to 10 years in prison and a fine.
- When the underlying offense is punishable by a prison term of at least 5 years, an FTA is punishable by up to 5 years in prison and a fine.
- Underlying offense is any other felony, an FTA is punishable by up to 2 years in prison and a fine.
- Underlying offense is a misdemeanor, an FTA is punishable by up to 1 year in prison and a fine.
- If the person was released for appearance as a material witness, an FTA is punishable by up to 1 year in prison and a fine.