Failure to Appear Tickets In Farmers Branch Municipal Court
How To Resolve A Failure To Appear Ticket In Farmers Branch
Farmers Branch Traffic Ticket Attorney’s Help
In Farmers Branch, if you have received a traffic citation for speeding or any other charge, you have a certain number of days in which to appear in court to resolve the ticket. There are numerous ways to resolve a ticket. This article will not discuss those options. The purpose of this article is to describe what happens when you do not appear within the time given. If you would like a Farmers Branch Ticket Attorney to help you after reading this article, give our office a call.
FAILURE TO APPEAR
- Sec. 38.10. BAIL JUMPING AND FAILURE TO APPEAR. (a) A person lawfully released from custody, with or without bail, on condition that he subsequently appear commits an offense if he intentionally or knowingly fails to appear in accordance with the terms of his release.
- (b) It is a defense to prosecution under this section that the appearance was incident to community supervision, parole, or an intermittent sentence.
- (c) It is a defense to prosecution under this section that the actor had a reasonable excuse for his failure to appear in accordance with the terms of his release.
- (d) Except as provided in Subsections (e) and (f), an offense under this section is a Class A misdemeanor.
- (e) An offense under this section is a Class C misdemeanor if the offense for which the actor’s appearance was required is punishable by fine only.
- (f) An offense under this section is a felony of the third degree if the offense for which the actor’s appearance was required is classified as a felony.
The statute requires a few things that must be proven before a failure to appear can be established. First, it must be proven that the failure to appear was intentional or knowingly done. There is a specific definition for both of those terms. That definition can be found in the penal code as follows:
- Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES.
- (a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
- (b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
The statute gives defense attorneys plenty to work with to convince a jury that the failure to appear was not intentional or that there was a reasonable excuse for not being able to appear. In most cases, because of this a defense attorney can get the case dismissed at a pre-trial hearing once hired for the ticket so long as the underlying case that caused the failure to appear is resolved. We suggest you call our Farmers Branch ticket attorneys if you have a failure to appear in Farmers Branch Municipal Court. It could save you valuable time and money if the case is dismissed. Feel free to contact us.