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they can file a failure to appear against you.

to know if they had a failure to appear warrant and he said he didn't have one so i had to

check and see if the judge issued a second warrant for failure to appear if he has i

Well, this ends with a failure to appear charged.

issued a failure to appear for me not showing up at his little party. And he said he didn't

know. I said, well, if he has, I would like him to fax that failure to appear to the justice

of the peace. So what he did instead is went out immediately and had a failure to appear

one on me. Since I got bailed out on the original charge, he didn't fax him the failure to appear

under 38.1 zero Texas penal code bail jumping and failure to appear a person lawfully released

you can be arrested for failure and file failure to appear against you is if you have been

if they don't show up for trial, they can't be issued a failure to appear for that either.

can file a failure to appear is when you fail to appear based on a bond promise. Now, what

So they filed another one, a failure to appear.

I opened the penal code to 3810 and read failure to appear.

What failure to appear says is if you are arrested and released on bail and then fail

of failure to appear.

So you cannot possibly be guilty of the crime of failure to appear.

So anyway, this letter says, here's what I want to ask. This is an important part. If you do not appear for your court date on August 17th, cabinets will be issued for your arrest and failure to appear. The jury trial will be canceled.

all my court appearances with not a single failure to appear on my record.

That was a registration ticket and it went to failure to appear.

And then I've got another one that was a seat belt ticket that went to failure to appear.

Okay. So you made an appearance and they still issued warrants for failure to appear?

On what grounds? I mean, I know they say failure to appear, but did this commissioner, is that who issued it?

So he called my failure to appear, actually it's not failure to appear,

but when I did not show up for the court date, he put it to bench warrant as a failure to appear.

My basic allegation was that the guy had filed a complaint for failure to appear that was fraudulent because I had appeared.

a capious will be issued for your arrest, for failure to appear, and your jury trial will be canceled,

Yeah, well on this one what he's probably got is a failure to appear in good chance. You got a warrant

And then they had they charged you with failure to appear and I bet there's a warrant out there

Failure to appear in court on the day the case was set for trial

Failure to appear for trial of a worker's compensation suit

Then bullet point number eight, I said I will consider any warrant issued pursuant to failure to appear to be judicial misconduct

One is titled warrant for arrest, failure to appear,

failure to appear, misdemeanor ordinance charge is the charge code description.

that are described as failure to appear.

But at the same time I'm trying to find out if he is indeed being charged twice with the same violation because both warrants face failure to appear and they have separate court case numbers.

All right. Well, because they both had failure to appear on them, I didn't know.

Okay. Generally on traffic, if you show up, they almost never pursue the failure to appear. Especially if you, and he can ask for a show cause hearing on failure to appear.

Now, remember, the two charges, the first one is failure to appear on a no driver's license ticket

The other one is simply a failure to appear court case

Request a show cause hearing on the failure to appear

Okay, show cause and failure to appear

That's your cause for failure to appear on the first one

But generally they're not so crazy about nailing you for failure to appear, especially if you can show cause

As for a show cause hearing on the failure to appear

Failure to appear is prima facie because you weren't there

Did they file failure to appear against you?

old to prosecute okay the next question would be on the failure to appear oh you

have a failure to appear yes unfortunately that changes everything

okay on the failure to appear the clock stopped I see since it wasn't the court

arrested for failure to appear because he was in a coma, that kind of took a temporary

and was arrested for failure to appear because he was in a coma,

that if I do not show up, that a warrant will be issued for a failure to appear.

who was arrested for willful failure to appear because he was in a coma.

Does he get a failure to appear?

Failure to appear in court may result in not being able to renew your motor vehicle registration and your driver's license

And what happened is that they went ahead in seven days and had trial, you know, defaulted him, so to speak, but they call it in criminal cases a failure to appear.

So he's had this outstanding warrant for failure to appear.

And your clients, you know, in a situation where he's in a failure to appear with a misdemeanor against him for that.

You can't hold someone responsible for failure to appear unless they have promised to appear.

It's clearly, look in failure to appear statute, I forget the number, but it very clearly states

if you fail to appear on a promise to appear, you're guilty of failure to appear.

They're going to do that anyway if he doesn't appear. That's a failure to appear. But has

have a failure to appear.

charged with failure to appear if I didn't show up. Well, I showed up and the judge wasn't

I'll arrest him for a failure to appear yesterday when his court date is today.

They can only legally issue a warrant for failure to appear

Motion to vacate the failure to appear, allegation and with affidavit in support stating that

of failure to appear?

file a motion to vacate the notice of failure to appear and do the challenge to jurisdiction.

The other problem is how did the warrants come about, for failure to appear?

based solely on failure to appear from the signed citation. And the way that's going

that gets a request in writing from the prosecuting attorney before they issue a failure to appear

Right, but the problem is that the warrant cannot be issued for failure to appear if there's no

a warrant for failure to appear on that offense. That's the whole problem they have.

And so that way you avoid having an arrest warrant issued and a failure to appear being

a failure to appear when somebody filed a document

Now, I'm assuming the warrants are for failure to appear?

the court then turns around illegally again and issues a failure to appear warrant.

Now, Eddie, did you guys file a motion to vacate the failure to appear by the court?

Well, we don't know that the failure to appear has been filed.

So if you all filed something, she probably will not have a failure to appear, but if...

and they did not get a failure to appear.

I believe that it's because he didn't file anything in the case that day, that person got a failure to appear,

and so he had to go back and file a motion to vacate the failure to appear.

And now it looks like the court is vacating the failure to appear, and they're scheduling him a pretrial.

So you can always show that the judge is falsifying the failure to appear

But the judge still issues a warrant for failure to appear,

They added failure to appear bail jumping three times

which I can only assume that driving while license inactive for failure to appear.

Failure to appear. They suspended it for failure to appear.

So failure to appear does not give them the authority to suspend your license or to issue the information to the Department of Public Safety regarding your license.

that they were going to put out a warrant for her arrest for failure to appear.

that she was going to get a warrant out for her arrest for failure to appear.

a citation for failure to appear on a Class C misdemeanor citation.

It doesn't say they're guilty of failure to appear.

when an individual is charged with failure to appear

allows the court to only issue a warrant for failure to appear

for failure to appear if the misdemeanor offense

Since they are limited in their ability now, the Austin courts are using 38.10 for their failure to appear case in charge against you

Okay because it's under a transportation cut offense, 543.009 misdemeanor that it specifies there as relating to a failure to appear limits the fine to $200

Also this is Ken cutting in, remember though that failure to appear has to be through, have no reasonable excuse

Then you go into the 15.17G section of the Code of Criminal Procedure and there it specifically outlines that failure to appear can only be done

Right, they can only issue a failure to appear on the citation if the citation was for an A or B class misdemeanor, not a Class C

Look up the failure to appear statutes

Okay, the only time you can be charged with failure to appear is when you have promise to appear

The court is the one who issues a failure to appear for failure to appear before the court

But anyway, they issued a warrant, an arrest warrant for failure to appear

for failure to appear.

A suggestion on your failure to appear arrest, send in a

because you ought to know that you can't be arrested for failure to appear. That charge

but I got holders due to failure to appears that I haven't went to

It's called failure to appear.

but you can be put in jail for failure to appear.

on failure to appear,

just because I don't need any more warrants for failure to appear,

They cannot cite you for failure to appear just because you did not enter a plea,

but now they cannot issue a warrant for you for failure to appear.

The citation and a capious order for failure to appear.

Let the magistrate issue a warrant for failure to appear when the clerk is the one that blocked your access to the magistrate to begin with.

my court appearances, so I have one failure to appear on there, and I'm sure I have a

arrest for the purpose in this particular case of dealing with the failure to appear

code version of the failure to appear versus the penal code version of the failure to appear.

record shows that my failure to appear at this trial was not intentional uh and simply

for your fuel bond um i was in grand bary i was arrested because of failure to appear

they arrested me for failure to appear and uh trying to get sue in the magistrate in

for the tickets they can't charge him under the penal code for failure to appear they

can't issue the warrant under the penal code for failure to appear Eddie yeah there any

of failure to appear or was it because of the failure to ID this is a little bit unclear

you for failure to appear.

the mail for failure to appear. Now he did appear. He appeared on the date that was on the ticket.

because of failure to appear. The reason for the warrant on the warrant itself was for the citation,

by the court for failure to appear but then the warrant itself is for the alleged traffic

got a notice of warrant for failure to appear. But he did appear. Here's the motions and he signed

notice of warrant for a failure to appear? They knew they were busted when I called them. And I

Hi, Eddie. I have two citations that are already warranted because of failure to appear.

If there was never a complaint filed, then they've got a problem because there's no real issue before the court except for the failure to appear.

However, there's still the outstanding issue of the failure to appear.

So, if it's gone to warrant for failure to appear, then what we need to find out is when was the warrant issued,

1517 says the magistrate by omission of the authority to do so in the statute can't issue a warrant for failure to appear on a Class C citation.

So that means if you take them in paramateria because they're dealing with the same subject matter here, that the failure to appear notice on those citations under 543 have to be dealing only with offenses that are A and B traffic offenses.

Because during this hearing, if you didn't show up, the magistrate is not authorized to issue a warrant for failure to appear.

Now notice, the warrant of arrest for failure to appear is based upon the order requiring you to appear for arraignment.

This particular warrant deals only with failure to appear on the arraignment order.

a document of the court in order to issue a warrant for failure to appear and thus trump

so you don't get stuck with failure to appear, so I got to try to figure out what I'm doing

And for this prosecutor to raise this stupid argument and ask the judge to issue a warrant against a person who's standing in front of the judge and he issues a warrant for failure to appear, they got to be out of their minds.

So the judge said... The prosecutor said he said we had promised to appear, and now we were refusing to appear generally, and he wanted to warrant out for failure to appear.

Okay, you need to file criminal charges against that judge for charging you with failure to appear when you were standing before him.

what is insurance, tickets, and then a failure to appear for those that I don't even remember,

can issue a warrant for arrest for failure to appear.

Notice the authority here is not to issue a warrant for failure to appear, it's to create

I've never said that. I've never said that. I said they can't issue a warrant for failure to appear because you do not appear on a Class C misdemeanor ticket.

and we get a notice in the mail that says there's a warrant for failure to appear,

and then you look at the warrant, and the warrant is not for failure to appear.

A warrant on the ticket and a warrant for failure to appear.

Then the clerk there said that they had just issued two warrants back in October the 15th for failure to appear and another one on the ticket.

And we were like, what? Why would they be charging him? Why would they put in our warrant for him for that? And then on the notice of warrant that Jerry got in the mail, it said failure to appear.

And so, okay, so the warrant technically wasn't for failure to appear. It was the warrant was for the citation as if he hadn't signed the ticket.

So then if you don't plead, they want to say that you don't make an appearance. But they know that they can't actually issue a warrant for failure to appear, because it is so blatantly obvious that Jerry did appear.

But that's what they did. And then on the notice of warrant that he got in the mail, it says for failure to appear. And so then I call around and I get passed around between different court clerks, and one of them said, one of the higher up ones that actually ended up fixing the problem said,

But the seat belt and the insurance ticket and then a failure to appear because I don't

There was not a complaint for the failure to appear, does there have to be one for that?

Yes, but what they do with failure to appear is they tend to wave that at you like a red

log the failure to appear, the clock stops, yeah, they're going to call this the delay,

all this other, you know, the failure to appear and all that.

Yes, ma'am, for failure to appear, which I...

It's a failure to appear to another bogus thing, and I won't get into that.

If they don't have set a time for you to appear, then they can hardly, they can never, ever charge you with failure to appear.

The court will not recognize you that they'll choose a failure to appear.

Well the courts have arbitrarily declared that that means failure to appear under 38.10

has been committed and whether or not an actual failure to appear that authorizes the issuance

warrant for failure to appear.

issue a warrant for failure to appear.

The statute authorizes the issuance of a warrant for the failure to appear on the citation

We are talking about the ability to issue a warrant of arrest for failure to appear.

to issue a warrant only for a failure to appear on a citation that was under the provisions

She changed that in saying that if you don't enter a plea, we're going to issue a warrant for failure to appear.

The court has zero authority to issue a warrant for failure to appear if the alleged defense is a Class C fine only.

They cannot issue a warrant for failure to appear.

Even if you sign the ticket, they cannot sign a warrant for failure to appear.

The issue on the failure to appear begins in 543.009.

To validate the argument of 1517 G saying you have no authority to issue a warrant for failure to appear except on A and B misdemeanors.

And the problem they're going to have is they can't put you in prison for a failure to appear on a Class C because the failure to appear itself can only be a Class C.

The courts are the ones that have automatically interpreted that to mean the failure to appear

You can only charge them the fine for the failure to appear.

If the courts are all in agreement that the failure to appear charge can't hold any consequence

C fine only, then the failure to appear could only be fine only.

and i was like i said i was a little discombobulated because of the failure to appear in the warren

So what you're telling me is, is you have an outstanding warrant for failure to appear

And then they really get stupid and issue a warrant for failure to appear when all they sent you was a clerical form letter that doesn't have any force and effect under the laws of Texas.

They said failure to appear.

In an interim, they put out two warrants for my arrest, one for failure to appear in court, and the second one for the original offense of not having an up-to-date address on my driver's license.

Okay, now, one thing in section 8 is rule 8.4 failure to appear.

I cannot find any authority in the statute for a magistrate to issue a warrant for failure to appear on a Class C misdemeanor ticket.

Now, the case is regarding failure to appear, but it's failure to appear on a traffic citation.

So the criminal court of appeal or the court of criminal appeals is saying that, yes, this arrest is good for the charge of failure to appear.

They're not taking into consideration 1517G and 27.14D, however, where the statute clearly does not provide authority to issue an arrest warrant for failure to appear on a class C.

Now, if it's an A or B citation, that's covered, but there's nothing in the language that covers the issuance of a warrant for failure to appear on a class C.

We conclude that the failure to appear to answer to a traffic offense citation, including a speeding citation, does constitute a failure to appear under the terms of lawful release from custody for purposes of 38.011A and 38.10A of the Penal Code and is therefore an offense under the latter provision.

the issuance of a warrant a failure to appear for a Class C citation.

And I've got two different issues. One is a dog catcher ticket. And it does include a failure to appear, but they've started back after I posted a bond of a pre-trial hearing.

They're claiming it's criminal, according to their stuff, but it didn't show up on any of their warrant information, except for it is on the failure to appear driver's license 800 number.

Well, I haven't had any yet to see a warrant, but it would turn into the failure to appear

So I go in personally because the order to show cost is I failure to appear, but there

for failure to appear on a Class C fine only citation.

That's another thing they never, ever have in a traffic case. They simply issue warrants without a statement of probable cause for failure to appear.

Honor before July 15, 2011, failure to comply by the above date will result in additional fees and the court charging you with failure to appear and warrants being issued.

But I'm sure another thing is them charging me with failure to appear in the code from what I understand from...

The fine for the failure to appear cannot exceed the fine for what the offense would be originally.

Well, the problem for them is if the alleged offense itself is a Class C fine only misdemeanor, there is absolutely no authority in Texas statute for a failure to appear warrant to ever be issued.

Even the transportation code, when it's taken in 543.010 or 009 with the other sections of the code of criminal procedure, make it very, very clear that only A and B misdemeanors can have the failure to appear because those are not fine only.

But if there is a failure to appear, that clock stops.

If they did file it within two years, then they've got, unless they can show that you were out of state and that they properly noticed you resulting in the failure to appear,

This doesn't sound like something that would be terribly contentious, so before you start a fight, you might just call down there and tell them, look, I wasn't even in that part of the country, that's why you've got a failure to appear.

I had a failure to appear in Texas in 2002.

And then they got a failure to appear.

They all turned in failure to appear for about the last year and a half or so.

They're failure to appear is on old traffic tickets.

Okay, then the failure to appear would be Class C.

And they cannot issue failure to appears on Class C. There's no statutory authority for it.

When you look at 15.17G, 27.14D, you find out in 14.06B and C in correspondence with 1517G, you can see very quickly that the court's authority to issue a warrant for failure to appear is specific to 14.06C offenses.

But it does not in any way authorize the issuance of a warrant for that failure to appear.

So it's generally speaking to the failure to appear on a misdemeanor citation, but it does not specify the class of misdemeanor.

It says nothing about the authority to issue a warrant in a class C fine only failure to appear.

That's interesting because I've had warrants issued in San Antonio and in Austin for failure to appear.

Okay. And what was that, I guess, rule or statute there that you had been voting before? The three statutes relevant to the warrant issue is 543.009 of the transportation code, or it's in 543, but I think it's 009 that deals with the issuance of the failure to appear misdemeanor,

though it never says failure to appear. It says a person commits a misdemeanor if they fail to appear in compliance with a notice to appear, regardless of the disposition of the alleged defense.

the only authority granted to the court is to secure a complaint. That's it. There's no authority under 27.14D to issue a warrant of arrest for failure to appear.

But 15.17G specifically says the authority to issue the warrant for failure to appear is related to 14.06C. It does not mention B at all,

Well, you'll find this amusing but ultimately they sent me a letter, you know, threatening for failure to appear and wanted me to sign a promise to appear and go get it notarized.

illegal warrant for failure to appear.

or be possibly arrested for failure to appear.

So despite this notice we're going to notify the court they're acting illegally and that we will react appropriately to the issuance of a warrant for failure to appear which we'll get to later in this motion.

they have no authority to declare a criminal act of failure to appear.

Further, Craig maintains that it is impossible for him to be lawfully charged with failure to appear in relation to a document that in no way complies with the requisites of a proper and lawful misdemeanor summons, which is the only instrument by which the court can lawfully create and impart a duty upon Craig to appear in the first place.

The request for an administrative hearing may subject the violator to an administration fee if found liable or if a failure to appear judgment is made.

And they issued a warrant against me for failure to appear.

And it's my understanding that they can't issue a warrant for failure to appear to a

were properly summoned, yeah, they can get you for failure to appear.

There's no authority in the statute for them to issue an arrest warrant for the failure to appear on a Class C fine only.

failure to appear or

Okay, is this for a failure to appear or for not posting a bond?

And if you don't file an appearance, the first thing they're going to do is they're going to move to default you for failure to appear, okay?

A lot of people, most people don't even show up. They don't even file an appearance form, so they get defaulted for failure to appear.

So it says administrative civil parking violation notice. It says that failure to appear is an admission of liability, so it's absolutely administrative here

what's called the motion for default for failure to appear so the first rule of thumb is always

of the ticket and the failure to appear, they now are going to not allow me to renew my license,

But there's no authority for a warrant or anything else on a failure to appear for a Class C fine only.

That's proven up in 15.17 and 38.01 I think or somewhere in there dealing with the failure to appear under the penal code.

543.009 of the transportation code is what sets up the predicament of a person who fails to appear in compliance with a notice to appear on a citation is guilty of a failure to appear or a misdemeanor is all it says actually doesn't even define it as a failure to appear just as a misdemeanor.

Then you go into 15.17 and it tells you very clearly that the magistrate can issue a warrant for a Class A and Class B but it know where does the same thing about the issuance of a warrant for failure to appear on a Class C.

Now what about as far as them trying to put the failure to appear?

I'm not sure. Well, failure to appear probably would have been tacked on to whatever the original...

allowed to issue a bench warrant for failure to appear in certain misdemeanor cases related

One of the aspects of this is that these are failure to appear.

I got a warrant for my arrest, but failure to appear.

I did appear, but I also show a warrant for a failure to appear.

And how do you get a failure to appear when you appeared?

I see that you appeared, but there's warrant for a failure to appear.

because we have in the system that, you know, this gentleman appeared in court and there's a warrant for his arrest for a failure to appear on the same day.

For my arrest for failure to appear

And the failure to appear at least in Texas

The judge cannot file a warrant for failure to appear

Failure to appear is cured by appearing, so I suggest you go down to the court and talk to the

their intention to pursue you for failure to appear and if you do subsequently appear, the only time

got no grounds for arresting. Actually, it's illegal for them to issue a failure to appear

failure to appear the first time. They'll send you a notice.

They have a failure to appear and a warrant for my arrest.

They're basically bringing you in on a form letter which has no force and effect of law and then they will issue a warrant for failure to appear even though you were not properly summoned

No, no, no two different things, they can't issue a warrant for failure to appear on the citation if it's a class C but they can on an actual summons, the problem is they haven't issued a summons

of the trust, failed to appear, and that is a failure to appear pursuant to the code.

So, in the affidavit, what law does it allege was violated by this alleged failure to appear?

affiliated with failure to appear charges, defended as charged with the offense of failure to appear

And the judge, now that affidavit can only be what the judge is using to issue the warrant for failure to appear.

They're using the affidavit the clerk put in there only to issue the warrant for the failure to appear,

So their problem is they issued a warrant for failure to appear

I had a hearing coming up and I was hoping they were going to give me a failure to appear

She receives a letter like two weeks later from the court stating that she failed to appear before a certain date and that she owes a bond of $255 and must show up to court on 24 July or she will be charged with failure to appear.

She is charged with a failure to appear. And then we receive a letter stating that they received our filing. However, the judge cannot review the case.

I'm there 20, 30 minutes early. They rushed me out of the courthouse and they arrest me for failure to appear, but they changed it.

Whoa, hold on. They arrested you for failure to appear when you were in the courtroom?

Okay. Well, this is more of a civil matter now because I'm not really worried so much about the trial on the original cause numbers. I'm more worried about my trial for the failure to appear.

If you're not concerned, okay, the failure to appear, they will drop that once you go after them because technically, and he talked to Eddie about this, technically, the judge does not have the power to file the failure to appear because it concerns imprisonment.

Okay. No, they don't issue the warrant over the fine only. They issue the warrant for the allegation of failure to appear as a separate allegation, but this judge has no jurisdiction over that.

3810, subsection of paragraph E. And that is Bell jumping a failure to appear. And that says...

They didn't. Okay, you missed a point there. They didn't. They sent you to jail on a failure to appear, a lookup failure to appear.

The problem is this judge has no power to assess a failure to appear.

So the original case, they don't have jurisdiction and they're hidden for failure to appear on a case where they have

Okay, but here's the problem. The judge makes the accusation of failure to appear and that's valid on its face until it's challenged.

So they'll arrest you on it. You have to go back after the judge for issuing the failure to appear when he has no power to do so.

but it restricts the municipal court judges or JP judges from issuing the failure to appear. It's right in the code.

I don't remember, but just look up failure to appear.

It gets worse each time. It's a Class A misdemeanor for the judge for filing a failure to appear.

Randy, that's Texas Penal Code Section 38.10, bail jumping and failure to appear.

But so that is really the crux of the matter is a trial for a failure to appear for a case which they had no subject matter jurisdiction to begin with because they were all Class A misdemeanors.

You know, unless the fine amount is not received at once, you'll also be charged with failure to appear, so they give you a little opportunity there.

which the first time he arrested me by having me taken outside of the court by his uniformed officers and told me that I was not there and issued an arrest warrant for me for failure to appear.

Well, he decides that it's not for a failure to appear.

Yeah. Well, I can tell you. So, I got everything ready for my re-ment, and I didn't willfully show, but I had a failure to appear.

Yeah, that's exactly how they put it. I guess my real question is that – thanks for that line of thought, by the way – is that the failure to appear –

the rest of the failure to appear, because I didn't enter a plea. The bailiff did get pretty excited and be there.

Yeah. There wasn't an actual – he actually put me as a failure to appear. And I understand that it's a failure to appear without the process, right?

No, no, no. No, no, no. Not really. A failure to appear depends upon how the statute sets it up.

But a failure to appear on a proper requirement to appear can be pursued as a contempt of court, okay?

If it's only stipulated in the statute that the summons to appear constitutes failure to appear for an A or B misdemeanor but not a Class C fine only infraction, then you can't fail to appear even if you sign the ticket because the law does not allow a failure to appear for the Class C on the citation.

Now, be aware they may attempt to make you post a bond now that you fail to appear if, again, failure to appear is proper in this case.

in which case they filed failure to appear warrants.

statutes, because there's no authority to issue a warrant for failure to appear for

This is just one of the reasons why they want to issue a warrant as soon as possible, even if the statute does not allow the issuance of a warrant for a Class C misdemeanor on a failure to appear.

Get that? There is no lawful authority in our statutes for the court to issue a warrant for failure to appear on the citation.

Now, granted, 543 of the transportation code says that it is a failure to appear, but then when you get down to the actual statutes that deal with handling that failure, the only one it handles is A's and B's. It doesn't handle C's.

to a failure to appear.

They arrest me for failure to appear while I'm at the hearing.

In 15.17g, it speaks directly to failure to appear on the notice to appear under the provisions of 14.06c, which are A and B misdemeanors.

which says if the originating charge is a Class D misdemeanor, then failure to appear in itself is punishable by fine only.

So the main deal is I'm going to court Monday for failure to appear once again.

then they cannot actually say that 3810 would apply as a failure to appear anyway.

But in the case of these arrests, like what you're talking about on the failure to appear,

All right. Well, how do you think I should approach this for this new judge about this failure to appear, which I did appear for, and they told me that I didn't appear.

failure to appear. Wait a minute, you're confusing me now. You did not give me

and a failure to appear, and it reset the pretrial for tomorrow.

And failure to appear.

Well, then what's the failure to appear from?

But yet they have no case, no extra charges. I had just some failure to appear a traffic warrant that they arrested me for.

and if I go into court and they want to get me for failure to appear.

called and then issued a warrant for their arrest for failure to appear even

And you will notice in there that it's for the purpose of issuing a warrant for failure to appear.

where it says that the person commits a failure to appear if they don't comply with the notice to appear on the citation,

it never once grants the court the power to issue a warrant for the arrest of the individual for failure to appear.

with something else for, like, failure to appear.

You know, are they going to file a motion, you know, or a warrant for failure to appear?

because they can't issue a warrant for failure to appear if you comply, okay?

And in the event of a failure to appear, you agree to render to the court twice the amount of the bail

he spent over a week, and they just picked him up again for failure to appear.

him up this time for failure to appear in contempt.

They're picking him up for failure to appear at a court that he appeared at?

Capias is a arrest order issued to someone by a trial judge for failure to appear, for

plus all necessary reasonable expenses incurred in any arrest for failure to appear.

OK, let's let's say there's an extenuating circumstance such as failure to appear.

So it's a willful failure to appear charged, but she was already incarcerated.

on a Friday morning, so she has a new charge of failure to appear, but the bond is revoked.

issue a warrant for arrest for failure to appear on certain violations in the

It sounds to me then like they tried to fabricate a failure to appear.

There was a failure to appear.

failure to appear, all this stuff, no insurance or failure to give them the insurance. It's

interesting though, because on the complaint for my failure to appear, it's notarized and it says,

then they they arrested you for failure to appear right and i kind of figured that they would do

failure to appear then almost certainly they're not going to arrest you again and traffic doesn't

carry the only thing they could they could hold you on the failure to appear and there's a question

as to whether or not this court has authority to file the failure to appear you might look at that

uh involve imprisonment so look up failure to appear in your code if it's not a class c

misdemeanor then how can the traffic court have authority to file a failure to appear they would

have to go to a county court and petition the county court to file the failure to appear

And the whole reason for it was because they wanted to nail Jeff for failure to appear, and it didn't work.

So even his own attorney tried to set him up for failure to appear.

Yeah, yeah, or failure to appear or something.

In Washington state, if you don't show up for a civil infraction, is a failure to appear initiated?

Failure to appear at the calendar sounding or otherwise to advise the judge or appropriate

I got arrested seven days before my court date, so there's no failure to appear.

It was right around 2012 when the charges accrued because of his initial failure to appear.

Now notice it says if you plead not guilty or you fail to appear, the only thing the court is authorized to do is not to give you a failure to appear charge

Nowhere is failure to appear ever a charge in relation to a Class C

Even if you don't show up, they're not allowed to give you failure to appear

In the logic, no. And I stand corrected for myself here. It's 543.006. 10 is the failure to appear part. I'm sorry, 9 is the failure to appear, but it's 006.

When they file a warrant, is the warrant based on failure to appear?

I think, I'm not sure if they file a failure to appear. I know Washington does file a warrant, a notice of warrant for failure to appear.

Yeah, because failure to appear is criminal and that's the way they do it in Texas.

Now you're out, say, 10 or 20 years later, they arrest you on the failure to appear 20 years later.

Well, if the warrant expired in four years for failure to appear, then the warrant itself was invalid.

they come back arrested for failure to appear on the same claim.

Okay. You need to file a demand for an examining trial. Since you objected to this hearing, they can't get you for failure to appear.

and they're not actually charging me with failure to appear because I was

There is no failure to appear, which leads me to wonder,

The state filed for a motion to have me arrested for failure to appear

Failure to appear.

It was for the wrong day, it was for the day after and they arrested me the day before and I went to court and said my court date failure to appear is tomorrow and you've arrested me today and I want to know why and he refused to answer and he wouldn't let me go.

Oh, wonderful. So you were arrested for failure to appear a day before you were supposed to appear.

But what I'm looking at is I have a fourth warrant for failure to appear.

The last one for failure to appear, she did have a sworn statement

Who signed the sworn statement for the failure to appear?

which is I'm assuming that stands for failure to appear.

for failure to appear?

I mean, and then, so let me ask you this. This friend is also guilty of failure to appear, FTA.

Which could have only been the failure to appear.

But wait a minute. The problem is, is they have no authority in the statute to issue a warrant for failure to appear for a Class C.

They are not authorized to issue warrants for failure to appear.

The default of the defendant for failure to appear, plead or otherwise defend is entered. That's what it's saying at the bottom of the default.

would also have a bond requirement for the original failure to appear or that failure

The judge who issued the failure to appear

If he wants a failure to appear, he has to take the charge to a judge who has authority to issue a failure to appear

So if he wanted a failure to appear, he would have to take that charge to a county court

They're going to look for a reason to charge you with failure to appear.

They arrested you for failure to appear, I take it.

For failure to appear on a Thursday, I showed up on that Monday,

and they arrested me for a failure to appear.

He would have had to take that failure to appear charged to a county court

This is a criminal accusation of failure to appear.

I did a failure to appear.

And now I'm in a situation where I have a failure to appear,

and under what authority was a failure to appear issued?

Failure to appear.

And who issued that failure to appear?

failure to appear a part in this document

a citation for failure to appear when I have these file stamp copies in my hand that prove

issue, as they said, a citation for me for the failure to appear so-called.

There is nothing in there for them to charge you with failure to appear, nothing.

Well, the two charges they got against me was they got a felony failure to appear

There was no service, but they still stuck me with that failure to appear charge.

Oh, okay, the capious was issued alleging failure to appear then.

You want to see evidence of all of the warrants issued for failure to appear in this court.

And then you come back and do a private attorney general suit, false imprisonment for all of these arrests for failure to appear.

Anything they did after that as far as issuing a warrant for failure to appear is falsification of a government record,

In the case of Aziz, the argument was all over the failure to appear requirements

What the state was trying to do was to charge him a $500 failure to appear fine out of the penal code

But it completely ignored the fact that the transportation code has a failure to appear charge in it

And then when he didn't appear in court, they tried to charge him with failure to appear, okay?

That the person is guilty of failure to appear, okay?

Then you can be charged with failure to appear

And what I've gotten, I've gotten these things in the mail saying they're going to arrest me for failure to appear.

And then I got one about that they're going to, they're not, they're refusing to renew my license for failure to appear.

And, you know, since it's not a criminal where he's summoned and there's a failure to appear issue, the issue here is if you fail to appear, you don't get to represent your side of the case.

person and bring him before me, because it's a failure to appear warrant.

stuff and failure to appear and you know, stuff like that.

If they hadn't got a hold of you, they would have charged you with failure to appear.

He put a hold on my license for failure to appear.

for the actual ticket and for the failure to appear.

Your failure to appear at the hearing will result in the allegations against you set out in this

judgment because of your failure to appear or respond we are talking about a civil setting here

Then they get you to sign the documents, or they're going to tell you that they're going to charge you with failure to appear

show up on this day at this time on threat of an arrest for failure to appear if they didn't show

So she showed up on the 15th to deal with the bond issue of them stealing our $15,000 for the failure to appear on the 13th of April.

And they're saying failure to appear, violated promise to appear,

They're just waiting for you not to show up so they can issue a failure to appear.

So I figured I'd go on in there and they had charged me with failure to appear.

Now my question is, Eddie, failure to appear, 3810 Penal Code.

It is bail jumping and failure to appear. If you read the statute, a person lawfully released from custody or without bail on conditions that they suspensionally appear,

But as far as the charge of failure to appear, now that would fall back to the fact that he told me to appear and he previously recused himself so it didn't really count the court date.

Yeah. Okay. So move, move to quash the complaint in relation to the charge of failure to appear.

That would definitely take care of that failure to appear if I put it in. It certainly should because he had no authority to charge you a failure to appear if he had no authority to schedule a hearing,

That's the restriction on your liberty and that is exactly part of the problem with them charging failure to appear because the Code of Criminal Procedure here in Texas does not authorize them to issue failure to appears or warrants in class C misdemeanors.

But if they've got a failure to appear, that means they've probably got warrants.

That'll get you a warrant for failure to appear.

But if you always go to court, don't ever let him get a free failure to appear on you.

But if you don't, they're going to issue a warrant and then you're going to have an uphill climb trying to get the charge for failure to appear to go away.

And then they'll prosecute you for the failure to appear separate from the original citation. Always go to court.

failure to appear. And that's indicating that even if you did appear and didn't give the

or B they falsified the record and are charging him with failure to appear even though he did appear

They arrest him and then charged him not under failure to appear for a traffic ticket, which is a $200 fine.

And now they're going to charge it with a failure to appear.

was not for failure to appear but because of her refusal

They will falsify the record saying that they issued the warrant for failure to appear knowing full well that you did appear, but what they're doing is they're doing it in retaliation for your refusal to enter a plea and waive your rights.

want to get hit for failure to appear. So I show up and it ends up being sort of like

What about here in Travis County where I went to go try to avoid paying the failure to appear in warrant charges or whatever charges the...

And I had been arrested for failure to appear because I never heard anything from the court after I got the ticket.

Oh, OK. So, what you got? Yeah, I was arrested for failure to appear, and I never received any summons or notice.

failure to appear is statutorily enough for the DPS to refuse to renew your

Okay, then I was fine. And then I left, my friend had to call me and tell me that now they sent a letter that said if I don't appear, failure to appear, I could get my driver's license

They called it, they said failure to appear, which was actually not true.

then they'll charge you with failure to appear.

Now, since chapter 37 is all about the verdict, we know this cannot be the chapter that these judges in these lower courts are relying on to charge you with failure to appear when you don't enter a plea.

to a failure to appear, okay?

The failure to take a plea properly and falsifying records to convert the failure or refusal to enter a plea or to take a plea into a criminal offence of failure to appear is an act that's going to get these judges hung.

But when they're required to enter a plea if not guilty and they convert that plea into a criminal act of failure to appear and they falsify records to do it, there is no way for them to avoid the consequences of that if you pursue it.

Nor shall the judge assess an additional criminal penalty of failure to appear upon the failure to enter a plea.

again irrelevant to issuing a false allegation of failure to appear.

into a criminal act of failure to appear,

because the court falsely reported failure to appear.

How can they report failure to appear when the statute specifically directs them to take a specific course of action in the absence of a plea?

See nothing in there about the requirement to enter a plea or that the judge is allowed to convert the failure to enter the plea into a false allegation of failure to appear.

And right now we are talking about the magistrates converting the failure or refusal or uninformed requirement to enter a plea and falsely converting that into a failure to appear.

But the way article 15.17 is written under subsection G and 14.06 B and C are written, there is no lawful authority granted to a court to issue a warrant for failure to appear in relation to a Class C.

They weren't even allowed to charge you with failure to appear. The only time they could do that was under a particular section of the transportation code but you had to be engaged in transportation before that would be applicable, okay?

Not a failure to appear. Now, again, Chapter 26 would not apply here because Chapter 45 is controlling over the entering of a plea in Class C fine onlys while this is general to every other level of offense, all right?

So it's one or the other, but there is nothing in either of these subsections that allows the court to convert your failure to enter a plea into a criminal offense of failure to appear and file false documents with other state agencies that say you did.

But again, this is for not guilty, but nothing here is authorizing the court to say failure to appear because you didn't enter it.

arrest you for failure to appear?

If you don't appear, you'll be issued a failure to appear because a civil court, you can come

Well, I'm a DUI, I have a failure to appear charged, so questions I don't know yet.

citing one of two things failure to appear which they do illegally even when the person appears

so that they can then turn around and order the issuance of a warrant for failure to appear and thus get the fee for the warrant on top of everything else.

The thing is, is when you read 15.17 and 14.05 and 06 of the Code of Criminal Procedure and you look at Chapter 23, you will find very clearly that there is no language whatsoever that authorizes the issuance of a warrant for failure to appear in relation to a citation.

45.016 prevents them from doing that, says very specifically they can no longer issue warrants for failure to appear on Class C citations.

for my arrest for the failure to appear on the second

to appear at the initial court setting, including failure to appear as required by a citation

to appear at the initial court setting, including failure to appear is required by a citation

Now, House Bill 351 also added a Subsection G, as did the defendant's failure to appear

recall an arrest warrant for the defendant's failure to appear if before the arrest warrant

a justice or judge shall recall an arrest warrant for the defendant's failure to appear

None. They're issuing warrants for failure to appear without any valid proper sworn complaint at all.

The prosecuting attorney can't be the accuser in the complaint that's going to charge you with failure to appear or contempt of court and also preside over that case.

Now let me sign it so that we can arrest this guy based upon the two of us colluding together under my sole authority to have them arrested for failure to appear or contempt of court.

So we've eliminated the possibility of being able to do it reasonably for contempt of court or failure to appear because they're forbidden to do it for failure to appear unless they've sent this notice which they have never done because they've never even filed a complaint.

But I want you to understand that the changes they're making, although for the most part are good as far as the judge can't just simply issue a warrant for failure to appear anymore,

but they did issue a, they sent me a notice in my email of a failure to appear. And I

they made a failure to appear.

The prosecutor made a motion for a failure to appear and went through at 9 a.m.

Alright. Well, now, you remember, I told you there was a statute 45.014 subsection G that specifically forbids magistrates in Texas from issuing warrants for failure to appear on citations.

license is suspended? And I kept on, I kept on pointing out that an FDA failure to appear

This citation shall constitute official notice to use that failure to appear in court at the date and time stated on this citation to dispose, to dispose of the site of charge against you.

If you think there is a bench warrant for failure to appear, then you might want to file a motion

a warrant for your arrest for failure to appear if they did not first send you an actual notice

from issuing warrants for failure to appear without that written notice or telephonic notice.

argument and it says, failure to appear will cause a bench warrant to issue or other adverse

They issued the warrant on one of two grounds, failure to appear and or contempt of court.

which prohibits the issuance of warrants for failure to appear, which is exactly what

It doesn't say failure to appear.

That judge has violated the rules relating to issuing warrants for failure to appear.

A judge or judge may not issue an arrest warrant for the defendant's failure to appear at the

initial court setting, including failure to appear as required by a citation issued under

failure to appear and trying to collect this fine for seven years he said look

about the way he dropped all of these failure to appear fines and such. And he said, I just

But it stems from an arrest warrant that was issued for a failure to appear in a case where we have documented and video or audio evidence of an appearance on the day in question

So what this judge's policy in this municipal court was that anyone that won't enter a plea charged them with failure to appear

Because refusal to enter a plea can never be equivocated with failure to appear

the warrant wasn't issued for failure to appear,

And then publicly said an artificial sorry, but yet proceeded to quickly rule failure to appear for at least eight people on the docket in a matter of a few seconds.

Obviously, they weren't in the courtroom, so, I mean, she did a failure to appear, which is fine, but the court session...

What does the law say is required for a failure to appear?

For instance, here in Texas, a failure to appear is not up to the judge.

A failure to appear on a citation has to be something the prosecutor themselves request the court to issue, and they have to make that request in writing.

The court simply can't declare a failure to appear on its own under Texas law.

he decided to go ahead and issue a bench warrant for my arrest. And from what I've found out so far, his reasoning for issuing the bench warrant doesn't fall under his only two options, which is failure to appear, which that's debatable, or, you know, not.

Okay, have you read 45.014 that was added in 2017 to the code of criminal procedure 45.014 specifically states the only way that the court can issue a warrant for failure to appear as if it complies with these steps.

So she hasn't responded either, so I got them twice on that, but this judge reported me to the DPS as a failure to appear, and so now I'm on the DPS website saying that they're not going to renew my driver's license until I take care of this case.

I want the plaintiff to approach the bench as well, and he wasn't trying to hear it, and I had a bench warrant out for failure to appear.

where were you? You now have a failure to appear for an appeal you didn't file.

to appear and he found probable cause to believe there's failure to appear in an ex parte examining

I had a warrant for a failure to appear. Is there anything I can do about that?

they wouldn't need a warrant. But whether they have a failure to appear, then the rationale is you

out for my arrest for a failure to appear through an appeal that I never filed. That the JT court

issued a warrant for my arrest for failure to appear. And now they're demanding $280 appeal bond

and it was a bench warrant for failure to appear at the hearing. Now I said clear that

add a uh was the warrant for failure to appear no no it wasn't for failure to appear it was just a

municipal court yes well anything that a judge can issue a warrant for other than failure to appear

And then you look for warrants that were issued for failure to appear.

your hearing and getting a failure to appear and whatever. Actually, it's A1 and A2 because

failure to appear like they're saying for you. I asked for the basis of that. I want to see those

So I suspect if I don't go to the hearing on Monday, they may issue a failure to appear.

Well, he can't issue a warrant for failure to appear,

Then he worked up a failure to appear warrant and went out and got them and threw them in jail.

me a failure to appear for a couple of reasons.

So they did the obligatory, you know, war for her rest failure to appear for tall grass.

booked me and then I actually ended up getting a failure to appear, so I actually did spend

up so he issued a warrant for his arrest because he didn't, he was a failure to appear warrant.

Now that they're, now that it's illegal for them to issue warrants for failure to appear on the citation itself,

Like issuing warrants for failure to appear on these citations

But it all boils down to a failure to appear.

And then they charged him with failure to appear.

And it needs someone to go down and look in the public record and see how many people have shown a failure to appear at a Zoom hearing.

Well, you might as well, whoops, yeah, good. You might look at all of the people who have failure to appear once.

He's forced you to come to a hearing that if you were late for that hearing, you could be thrown in jail for failure to appear.

to appear because failure to appear can't be changed.

She told me it was going to take six weeks to put the jury together, and she would notify me. That was two years ago, and I still haven't heard anything from her, and she turned me in as failure to appear for the DGS.

You were telling us that you didn't actually have a court hearing and they issued a failure to appear to the DPS.

They can't ask you to come to another hearing, they can't issue a failure to appear, they can't do anything, nothing

And we've had a number of cases dismissed for failure to appear, for failure of the other side.

to show up and then they add a failure to appear and do the warrant fee and stuff like

And then when you don't show, they issue a failure to appear.

Now, a failure to appear is a lot more serious than a traffic ticket.

They'll say, oh, we're good guys. We'll help you out. If you will cop to the traffic ticket, we will drop the failure to appear.

If you'll cop to the classy misdemeanor, we will drop the classy misdemeanor failure to appear, even though they trapped you.

They want to get you in a one down position so that the minor charge they brought against you will pale before the classy misdemeanor failure to appear.

A friend of mine just got arrested for failure to appear.

They issued a failure to appear, $10,000 bench warrant.

You're trying, you have a charge of failure to appear.

Did they issue the warrant for the DWI or for something else like failure to appear,

The bench warrant was issued for failure to appear for the DWI card.

What are the details of the failure to appear?

They're accusing me of failure to appear.

I'm going to guess that 20% of the volume that comes through there, they pull this failure to appear nonsense on.

Failure to appear, that's the biggest crime you could do right there.

Failure to appear or something else?

Yeah, it was a failure to appear but stemming from this search and seizure.

somebody might bounce on me and haul me in to do whatever they want to do for a failure to appear and everything.

haul me in to do whatever they wanna do for failure to appear and everything.

failure to appear and warrants issued for your arrest.

They had a warrant for failure to appear for a traffic ticket

Failure to appear.

Failure to appear.

If you don't show up in a civil hearing, it's not failure to appear.

It's only failure to appear when you have been subpoenaed by the court in civil.

If you tell him, look, I want this failure to appear to go before a jury.

Okay. Well, I have a rule. Always show up. Always. Otherwise, they'll issue a warrant for failure to appear

and create a secondary charge of failure to appear. That's a separate criminal act.

you for failure to appear and then you get to sue them and file criminally against them.

because I failed to show up and I have a failure to appear.

Yeah, failure to appear or something.

They're going to call it failure to appear and, you know, treat you bad.

But normally, I would go to the clerk and say, look, you got this notice of failure to appear filed against me.

So they noticed the computer automatically sent a failure to appear to the DPS and they refused to renew my license.

And they wouldn't do it because I had this failure to appear in Rome, Texas.

They want to get a failure to appear against you.

municipal courts from arresting people for a failure to appear.

Then they issued a failure to appear and adjudicated an amount against me and filed that with the

She gave notice to the DPS that I was adjudicated this fine for failure to appear and I didn't

Is there a technical term for failure to appear for them, for them not being there,

Is this a failure to appear on their part called a default of judgment or default judgment?

In a civil, you can't get a failure to appear because they're not, unless they're subpoenaed.

So there's no failure to appear here.

Yeah, yeah. If there wasn't one in there, they don't always issue a warrant for first failure to appear. Then they may just send you another notice to appear a second time.

The Supreme Court recently, I don't know the case, but they did something about that to stop these municipal courts and JP courts from arresting people on tickets for failure to appear. So most states don't arrest, don't issue warrants right away anymore.

And Texas, I think it's a statute. Texas passed a new law that the JP can't issue a warrant for failure to appear in a traffic case.

Now, if you weren't released on a failure to appear, they can take as much time as they want to.

They said court dates and didn't notify me, then accused me of failure to appear and adjudicated against me.

no failure to appears, no convictions, none, none, none, completely clear.

How did you, did you get a ruling against you like for failure to appear?

They absolutely would not take any motions or pleadings in the case, and then the next day here I've got a failure to appear

So I bypass the inferior court, get into the county court, and the first thing I do is ask them to suspend the failure to appear charge

The legislature, past legislation said they couldn't arrest you for failure to appear

They just issue a failure to appear and fine you

And they listed who reported me for failure to appear

And we go to the county court and I ask them to vacate the failure to appear

In my case, it's failure to appear

Who sent you this notice of a failure to appear?

Who sends notices of failure to appear to the driver's license bureau?

If they improperly filed a failure to appear

and not notify the defendant and then find him a failure to appear.

You know, all of these different things. And some of these policemen weren't even from their county. I think they were from the little town next to it and maybe the county over beside it. And so anyway, I go to court, nothing happens. I don't go to court. And then they put out a, I guess they put in an FT, a failure to appear because apparently

When I had a ticket in Combi they charged me with a failure to appear

warrant for failure to appear on a class city misdemeanor.

was failure to appear so he figures he's got me so i filed a change of plea and even the prosecutor

didn't have to pay the $800 bond they had set. That failure to appear had a $600

trying to charge me with failure to appear, and that's a class B misdemeanor.

an appearance. So she wound up giving me a notice of a failure to appear and

Number two, her filing a failure to appear warrant for not showing up to this.

Has she filed a failure to appear warrant on you for not appearing in one of those?

Has she filed a failure to appear against you for failing to show up at a Zoom hearing?

Right, but don't I want her to issue an illegitimate failure to appear warrant on someone's illegitimate

And then when your appearance day comes, he just says, oops, failure to appear.

Yep. Okay, that's what I've read as well. All right. My next question is, I'm under a failure to appear and I want to take care of this and there's a new DA on the case. I'm sending in some criminal complaints about the old DA and the old assistant DA who brought this case. My question is, when I send these to the new DA, should I make contact with her to see if she's going to proceed in a case?

Okay, yes. Before you do that, call the court wherever you have the failure to appear and be contrite. Sorry I failed to appear. How can we fix this? Can you set me another appearance date so I can come in and we can get this cleared up?