California Penal Code 853.7 PC – Failure to Appear After Citation
If you were cited and released for a misdemeanor in California, your promise to appear in court is legally binding.
Under California Penal Code Section 853.7, failing to appear in court after signing a citation is a separate criminal offense—even if the original charge was minor.
This means missing your court date can quickly turn a simple misdemeanor into a more serious legal problem.
Your optimal opportunity for a favorable outcome is to collaborate with a proficient criminal defense attorney in California at Cron, Israels & Stark.
To schedule a consultation, please don't hesitate to call us at (424) 372-3112 or simply fill out the contact form here. We're looking forward to hearing from you!
What Is Penal Code 853.7 PC?
California Penal Code Section 853.7 makes it illegal to:
- Willfully fail to appear in court
- After being released on a written promise to appear
- For a misdemeanor offense
Your signature on the citation acts as a formal promise to the court.
California Penal Code Section 977 allows a defendant to waive their personal appearance in court and have their attorney appear on their behalf.
What Must Prosecutors Prove?
To convict you under California Penal Code Section 853.7, the prosecution must show:
- You were lawfully cited and released
- You signed a promise to appear
- You were aware of your court date
- You willfully failed to appear
If your absence was not intentional, this may be a valid defense.
Is PC 853.7 a Misdemeanor?
Under California Penal Code Section 853.7, failing to appear after signing a citation is generally charged as a misdemeanor offense. The chart below explains its classification and the penalties that may apply.
| Category | Details | What It Means for You |
|---|---|---|
|
Offense Classification |
Misdemeanor |
Separate charge from the original citation offense |
|
Legal Basis |
California Penal Code Section 853.7 |
Applies when you willfully fail to appear after signing a promise |
|
Maximum Jail Time |
Up to 6 months in county jail |
Possible incarceration even if original charge was minor |
|
Maximum Fine |
Up to $1,000 |
Financial penalties added to your case |
|
Additional Charges |
Yes |
Filed on top of the original misdemeanor |
|
Bench Warrant |
Likely issued under California Penal Code Section 978.5 |
You may be arrested at any time |
|
Impact on Original Case |
Negative |
Reduced chances of dismissal or leniency |
|
Criminal Record |
Yes |
Creates a separate misdemeanor conviction if found guilty |
Key Takeaway
Even though PC 853.7 is classified as a misdemeanor, it can significantly worsen your legal situation. Addressing a missed court date quickly is critical to avoiding additional penalties and long-term consequences.
What Happens After You Miss Court?
Missing a court date after being cited and released under California Penal Code Section 853.7 can trigger immediate and escalating consequences.
What starts as a simple mistake can quickly turn into a more serious legal situation.
Immediate Court Response
- Failure to Appear (FTA) Recorded: The court notes that you did not show up as required
- Bench Warrant Issued: A judge may issue a warrant for your arrest under California Penal Code Section 978.5
- Case Status Changes: Your case may be placed on hold until you are brought back before the court
Additional Criminal Charges
Prosecutors may file a new charge under California Penal Code Section 853.7. This is separate from your original case and can result in:
- Additional fines
- Possible jail time
- A second criminal record
Increased Financial Consequences
- Higher bail amounts (if you are re-arrested)
- Additional court fees and penalties
- Possible collections or enforcement actions
Impact on Your Original Case
Missing court can negatively affect how your case is handled:
- Judges may view you as unreliable or non-compliant
- Prosecutors may be less willing to negotiate
- Reduced chances of dismissal or leniency
Long-Term Consequences
If not addressed quickly, a missed court date can lead to:
- Ongoing arrest risk due to an active warrant
- Complications in future legal matters
- Damage to your criminal record and background checks
What You Should Do Immediately
If you missed a court date:
- Contact a criminal defense attorney right away
- Take steps to recall or quash the warrant
- Gather documentation explaining your absence (if applicable)
Key Takeaway
Failing to appear is not just a minor oversight—it creates new legal exposure and makes your situation more difficult. Acting quickly can help minimize the damage and get your case back on track.
Common Reasons People Miss Court
While the law requires a willful failure to appear, common situations include:
- Forgetting the court date
- Misreading the citation
- Transportation or scheduling issues
- Emergencies
However, these reasons must be supported with evidence to serve as a defense.
Legal Defenses to Failure to Appear
An experienced attorney may raise several defenses:
Lack of Willfulness
You did not intentionally miss your court date.
Mistake or Confusion
You misunderstood the date or location.
Emergency or Valid Excuse
Medical emergencies or unforeseen events prevented attendance.
Improper Notice
You were not properly informed of your court date.
How to Fix a Missed Court Date
If you missed court, acting quickly can reduce consequences:
- Contact a criminal defense attorney immediately
- Request a court hearing to resolve the warrant
- Provide documentation explaining your absence
Early action can sometimes prevent additional charges.
Related California Laws
Several statutes are closely connected to California Penal Code Section 853.7:
California Penal Code Section 853.6 – Citation and Release
Allows individuals to be released with a promise to appear in court.
California Penal Code Section 1320 – Failure to Appear After Bail
Applies when a defendant fails to appear after being released on bail.
California Penal Code Section 978.5 – Bench Warrants
Authorizes courts to issue warrants for failure to appear in court.
Long-Term Consequences
A conviction under California Penal Code Section 853.7 can affect:
- Employment opportunities
- Background checks
- Court credibility
- Future bail eligibility
Even a small mistake can have lasting consequences.
Frequently Asked Questions
What happens if I miss a court date after a citation?
You may face a warrant, new charges, and additional penalties.
Is failure to appear a separate crime?
Yes. It is a separate misdemeanor under California Penal Code Section 853.7.
Can I go to jail for missing court?
Yes. Jail time is possible depending on the case.
Can I fix a missed court date?
Yes. Acting quickly with an attorney can help resolve the issue.
What if I had an emergency?
You may have a defense if you can prove the situation.
Should I contact the court myself?
It's best to speak with a defense attorney first.
Why Hire a Criminal Defense Lawyer?
Failure-to-appear charges can quickly complicate your case. A skilled attorney can:
- Recall or quash a warrant
- Challenge the failure to appear charge
- Negotiate reduced penalties
- Protect your record
Contact a California Criminal Defense Attorney Today
If you are facing charges under California Penal Code Section 853.7 or have missed a court date, immediate legal help is critical. Contact an experienced California criminal defense lawyer to protect your rights and resolve your case.
The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help. Schedule your consultation via the contact form.