PENAL CODE 853.7 PC – VIOLATING A WRITTEN PROMISE TO APPEAR IN COURT

Under Penal Code § 853.7 PC, it is a misdemeanor offense for individuals who fail to appear in court after signing a written promise to do so. This typically occurs when a person is released from custody on their own recognizance and agrees to appear in court at a specified date and time. Failing to fulfill this written agreement can result in legal consequences. It’s important to take this matter seriously and seek legal advice if you find yourself in such a situation.

Even if the original charges against you are dismissed or you are acquitted, failing to appear in court as promised can still lead to penalties. It’s essential to fulfill your court obligations as agreed, regardless of the outcome of the initial legal proceedings.

853.7.

Any person who willfully violates his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested.
Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=853.7.

WHAT ARE THE ELEMENTS OF CRIME?

As per PC 853.7, it is a criminal offense to knowingly fail to uphold your written commitment to appear in court. This offense is commonly known as “failure to appear.”

To substantiate this crime, the prosecutor must establish the following elements:

• You provided a written pledge to appear in court, or
• You provided a written pledge to appear, and the court date was legally postponed in accordance with 1050 PC, and
• You consciously failed to appear.

An action is considered to be done “willfully” if it is performed voluntarily or intentionally.

It is important to note that you can be found guilty of this offense even if you are not guilty of any underlying offense.

EXAMPLE

John was issued a ticket for running a red light and was given a written promise to appear in court at a specified date and time. However, John failed to show up on his court date as required. As a result, he was charged under Penal Code 853.7 PC for violating a written promise to appear in court. John now faces additional legal consequences for failing to fulfill his obligation to appear before a judge as promised.

PENALTIES, PUNISHMENT, AND SENTENCING

This misdemeanor offense carries a penalty of up to six months in county jail, and/or a fine of up to $1,000.

DEFENSES

There are several legal defenses that can be used to fight a charge under Penal Code 853.7 PC:

• Lack of willful intent: One defense is to demonstrate that the failure to appear was not intentional. For example, if it can be shown that the person simply forgot the court date, it can be argued that there was no willful act of non-appearance.
• Proof of appearance: If there is evidence or documentation to support the claim that the person did, in fact, appear in court as scheduled, the charge can be dismissed. This defense can be effective when there has been an error or misunderstanding by the court.
• Necessity defense: This defense argues that there was a valid and unavoidable reason for failing to appear, such as a medical emergency or an unforeseen circumstance. By providing evidence of the compelling situation that compelled the person to miss court, it may be possible to have the charge dropped.

IMMIGRATION CONSEQUENCES

Under California law, a charge under Penal Code 853.7 PC for violating a written promise to appear in court can have significant immigration consequences. This offense is considered a failure to appear, which can be classified as a misdemeanor. For non-citizens, including lawful permanent residents and undocumented individuals, a conviction can result in deportation or inadmissibility. Immigration authorities may view this as evidence of a lack of good moral character, which can affect one’s ability to obtain or maintain legal status in the U.S. It’s crucial for anyone facing this charge to consult an immigration lawyer to understand the full scope of potential repercussions. If you do not have or know of an immigration lawyer, the Tabibnia Law Firm can refer you to one.

CAN A DEFENDANT GET A CONVICTION EXPUNGED?

If you are convicted of this offense, you have the option to seek an expungement. Expungement is beneficial as it alleviates many of the consequences of a conviction.

To be eligible for an expungement, you must fulfill the following conditions:

• Successfully complete your probation, or
• Serve your jail term if that was part of the sentence.

Once these requirements are met, a judge can grant the expungement.

RELATED CRIMES

If a person is being charged under PC 853.7, it should only be if they deliberately chose not to attend a court hearing. This charge should not be applicable if an individual attempted to appear in court but was prevented from doing so due to circumstances beyond their control. In such cases where a court appearance is missed, there are other statutes that address failure to appear, such as:

• Penal Code 1320
• Penal Code 1320.5
• Vehicle Code 40508

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

If you’re facing charges under Penal Code § 853.7 PC or have questions regarding your legal responsibilities, don’t let a simple mistake escalate into a criminal conviction that could have long-lasting consequences. Reach out to Tabibnia Law Firm today for a complimentary consultation. Cyrus Tabibnia, our experienced criminal defense attorney, is dedicated to assisting you in navigating this challenging situation while safeguarding your rights and future. Remember, experience is crucial in legal defense matters. With Tabibnia Law Firm advocating for you, you can trust that you’ll receive first-rate representation from the attorney who genuinely prioritizes your case and well-being. Don’t delay – contact us now and allow our expertise to support you.

Legal Resources:

California Penal Code § 853.7 (2023) – Justia Law

California Code, Penal Code – PEN § 853.7