Failure to appear
 | The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. (August 2019) |
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]
| Offense of conviction | Maximum prison term for failure to appear for sentencing | Offense level |
|---|---|---|
| An offense punishable by death, life imprisonment, or imprisonment for a term of 15 years or more | 10 years | 14 |
| An offense punishable by imprisonment for a term of five years or more | 5 years | 11 |
| Any other felony | 2 years | 8 |
| A misdemeanor | 1 year | 5 |
References
External links
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