Any failure to appear in Maine will be dealt with harshly by the court system because it is a direct violation of a court order.
Ultimately, if you have been charged with a crime and receive a notice of a scheduled court appearance, be sure to show up to court on the specified day and time, otherwise you may face charges and to additional criminal sanctions.
What is considered a failure to appear?
Failure to appear is the crime of failing to appear for a court-ordered hearing.
When a suspect is charged with a crime, multiple court appointments may be necessary. These appointments can range from summons or arraignment to trial and, if necessary, sentencing.
Defendants who hire criminal defense attorneys are less likely to miss these appointments. Attorneys will notify defendants of any court dates they are required to attend. If a suspect fails to appear, a criminal attorney can often mitigate the consequences.
The court typically issues a warrant for the accused’s arrest for failure to appear, creating another legal issue to resolve. If the accused encounters law enforcement, he or she should be arrested and imprisoned.
In these situations, the prosecutor may seek the harshest possible penalties for the original crime for which you were arrested – and the judge is unlikely to be lenient if you have already violated a court-ordered summons.
Defendants may find that their bail application is less likely to be successful and that they must remain in jail until their case is resolved. This is because the purpose of bail is to ensure that a defendant will appear in court. It may be difficult to convince a judge that you should be released when you have already demonstrated a propensity to disobey orders.
What is the penalty for failure to appear in Maine?
Failure to appear is a crime in itself and may result in penalties in addition to the original crime for which the defendant was arrested.
The offense is one of the easiest for the prosecution to prove and difficult to defend. Failure to appear is also a strict liability crime, meaning defendants are guilty if they commit the act, regardless of their mental state or intent at the time.
Under the Maine Criminal Code, the following provisions apply:
“An accused who has been admitted to bail before or after conviction and who in fact fails to appear as required is guilty of:
- A Class E misdemeanor if the underlying offense was punishable by a maximum prison sentence of less than one year; Or
- A Class C felony if the underlying crime carried a maximum prison sentence of one year or more.
Class E felonies are the lowest form of misdemeanor in Maine and can result in the following penalties:
- Up to six months in prison
- A fine of $1,000
Class C misdemeanors are misdemeanors that carry particularly severe penalties, as follows:
- Up to five years in prison
- A fine of $5,000
The lingering consequences of a permanent criminal record can also impact individuals long after criminal sanctions have been served. Depending on the nature of the conviction, employment, housing, education, travel, immigration status, voting rights, gun ownership, etc. may be affected.
How to resolve a warrant in Maine if you fail to show up for court
If you fail to appear in court in Maine, a warrant will be issued for your arrest. Rather than being “on the run” from law enforcement, it is better to try to resolve the warrant by having it removed. This will at least show the court that you do not want to be considered a fugitive from justice.
To resolve a warrant for failure to appear in Maine, there are four main steps:
- Contact the clerk
- Explain why you missed the court date
- Request to appear before the judge to have the warrant recalled
- Appear before the judge (ideally with your criminal lawyer)
It is advisable to consult an experienced criminal lawyer before going to court. Your lawyer can advise you on the reasons available to best explain your absence at the hearing and how to approach the court clerk.
Valid reasons may be illness or a scheduling conflict, but few appointments will be considered more important than a court date. You will also need to provide supporting documentation for why you missed court, such as a doctor’s note, so be careful what you say to the clerk and the judge. In some cases, it is best to admit to a forgetful mind or a genuine misunderstanding.
As you explain the situation regarding the hearing date to the clerk, ask about the next steps to resolve the warrant. Normally, you will need to set another date to appear before a judge to discuss the warrant and why you missed the previous court date.
With a criminal lawyer on your side, the process is less intimidating. There may also be legal rights and options that you have not considered. Your attorney can advise you on the best steps to take and how to present your case to the court most effectively.
For experienced legal help in a failure to appear case, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.