Can I Go to Jail on a Failure to Appear for an Infraction

[scofflaw]

My question involves traffic court in the State of: California

So I got a ticket for dog at large under my city's municipal code 5 years ago. The charge is an infraction by ordinance. It was my mom's dog, and I just went to pick him up from the shelter because she had to work, so I signed the ticket. She said she would pay for it since it was her dog, and I believed she did. She apparently didn't.

I was recently cited and released by the police in another city where I now live for this outstanding citation and given a new court date. I was not taken into custody. I looked up my name on the court's website and saw that I had a failure to appear (although no code sections were specified) and a bench warrant was issued. I subsequently called the clerk of the court to see if I could just pay my ticket online or in person, and she said there was no monetary figure attached to my case, and I would need to come to court to take care of it on my court date.

I have a defense to the dog at large citation, but I just want to get this matter resolved ASAP so I'm inclined to just plead no contest and pay the fine. My main concern, however, is that I'm going to get thrown in jail for failure to appear. How does this work? Am I being charged with a crime for failing to appear? If I just have to pay a fine for my FTA, I'm happy to do so, but would that require me to plead guilty or no contest to the charge first? Will that show up on my record? Will I know what the maximum penalty I'm facing is before I enter my plea? If it's going to be treated as criminal, I'd plead not guilty because a requirement under PC § 853.7 is that it be willful and it certainly was not willful. Would I get a jury or a trial on that charge or is it more like contempt of court and the judge has absolute discretion?

What usually happens in this situation? Anything anyone can share will be greatly appreciated. I will come back and update this thread once this is resolved.

For background, I have no arrest or criminal record whatsoever.

[That Guy]

The charge is an infraction by ordinance. It was my mom's dog, and I just went to pick him up from the shelter because she had to work, so I signed the ticket.

The ticket was in your name correct?

And it had an appearance date, correct?

And you signed it stating "you promise to appear on a particular date", correct?

And you apparently failed to appear on that date, correct?

If it's going to be treated as criminal, I'd plead not guilty because a requirement under PC § 853.7 is that it be willful and it certainly was not willful.

How is it not willful? You(presumably) knew about the appearance date and you didn't appear! i.e. you "willfully violated" your promise to appear on a particular date you were notified of by not appearing -regardless of the reason why you did not appear-!

[aardvarc]

You may not get "thrown in jail", but a warrant means that either you'll be arrested at the pleasure of whatever officer just happens to come across you, or you'll work with a local criminal defense attorney to turn yourself in at a date and time that will minimize any time spent being "held" to see the judge. Either way, the PURPOSE of the warrant is to instruct law enforcement to BRING (ie arrest) you before the judge before whom you failed to appear. Paying alone won't solve the matter now. The judge wants you, in person, standing in the courtroom before them.

[scofflaw]

It wasn't willful because I believed in good faith that my mom had paid the ticket since it was her dog and that was what we agreed on. Obviously I was negligent in not following up to make sure she did, but I believed that the ticket was paid and my legal obligations were met.

I already encountered the police during a traffic stop. That was how I found out about this. They just gave me a new court date and sent me on my way. It wasn't an arrest warrant and I wasn't taken into custody.

[cdwjava]

If you failed to appear and a warrant was issued per PC 853.7 then you could go to jail. If a release pursuant to a citation was granted for the previous FTA (a silly thing to do when you've already failed to appear, but it does happen in crowded jurisdictions) then you can appear on the new court date. You might then be eligible for a jury trial and, thus, a public defender if the DA prosecuted for that offense.

You could make the good faith argument all you want, but it's about as good as "the dog ate my homework." It's likely that a plea deal could be arranged whereby you would pay the fines and penalties owed to avoid jail time, but that would be between you and the DA. Ultimately YOU are responsible for the violation, not mom. Unless you had something IN WRITING stating that the matter had been disposed of, you were legally obligated to appear in court. You did willfully fail to appear as instructed on the notice and could be charged appropriately.

[scofflaw]

Let me rephrase my original question: Given the circumstances I’ve laid out, is it *likely* that I will be sent to jail for failing to appear/pay an old infraction where I have otherwise no criminal record and I was recently issued a new notice to appear due to my previous failure to appear, rather than being arrested and taken into custody? The fact that I was cited and released and not jailed on this warrant suggests to me that perhaps this offense isn’t severe enough to warrant jail time. Does jail time *usually* happen in the type scenario I’ve described? I can’t imagine that they’d put me in jail for something like this given the budget woes the state is having, especially when I come to court on my new date and am willing to pay my fines.

[cdwjava]

Unless arrested on the warrant, it is highly unlikely you would be sentenced to jail time provided you pay the fines assessed.

[scofflaw]

UPDATE: I went to court and the DA dismissed the entire case because "it was too old." I didn't pay a dime. It was over in less than a minute.

And to the first two individuals who responded here (That Guy and aardvarc), next time someone asks for advice, just keep your uninformed opinions to yourself. The purpose of these boards is not to start arguments with people, it's to answer legal questions. Your haughty ignorance contributes nothing to this discourse.

That Guy, I clearly explained why my FTA was not willful. Did you not read my post? I explicitly stated that I believed in good faith that my legal obligations had been satisfied through my agent. Your flawed legal analysis seems to imply anyone who signs a PTA and fails to appear does so willfully. Next time read the post and wrap your small mind around the issues before you go running your big mouth. And spare me the self-righteous indignation - you don't need to use exclamation points.

And aardvarc, you didn't read my post either. I clearly stated I was cited and released, yet you warn me of the dangers of having an outstanding arrest warrant. That's not what I was asking. I was asking what I might be facing when I went to court, not what would happen if I encountered the police, which I already had. You seemed to make it sound like the judge wanted me in person to give me some kind of admonition or sanction. Couldn't be further from the truth. The court sent me on my merry little way with a dismissal order practically without me having to even open my mouth. Also, when people have outstanding debts with the county for which they failed to appear, and they are willing to pay over the phone, does the court typically drag them in for an appearance? Hell no! They just take their money! Is it really in the court's interest to waste judicial resources dragging people in when they could just get their money without having to hold court? The only reason I couldn't pay my fine over the phone was because I hadn't been found guilty in absentia and they had to give me the opportunity to enter a plea.

cdwjava, I appreciate your second response, but your legal analysis in your first is faulty. You don't have to appear in court. You can pay the bail and request trial by declaration, or just pay the fine, and by exercising either option thereby satisfy your legal obligations. Since I believed in good-faith that my legal obligations had been satisfied, my failure to appear was not willful. I reasonably believed my appearance had been mooted by virtue of responding to the ticket by either contesting it and paying the bail or paying the fine outright. Please try to be more thoughtful when giving advice in the future.

It's a good thing I did my own research and didn't rely on what you people told me here.

[cdwjava]

UPDATE: I went to court and the DA dismissed the entire case because "it was too old." I didn't pay a dime. It was over in less than a minute.

That's good for you.

That Guy, I clearly explained why my FTA was not willful. Did you not read my post?

Actually, it WAS willful. You knowingly and intentionally failed to appear when you signed a promise to appear. You may have believed that the friend would take care of it, but YOU had the legal obligation to appear in court or take care of the matter as you agreed to when you signed the citation. The fact that the DA dropped the entire thing is a lucky thing for you and likely the result of budget cuts and a lack of resources.

cdwjava, I appreciate your second response, but your legal analysis in your first is faulty. You don't have to appear in court. You can pay the bail and request trial by declaration, or just pay the fine, and by exercising either option thereby satisfy your legal obligations.

And you failed to do ANY of those things. Your "good faith" belief aside, you failed to take care of the citation in the legally accepted manner. Perhaps you should take a look at PC 853.6 et seq. and point out the "good faith" exception.

EDIT:

Oh, and note PC 7 where it says:

The word "willfully," when applied to the intent with which an
act is done or omitted, implies simply a purpose or willingness to
commit the act, or make the omission referred to. It does not require
any intent to violate law, or to injure another, or to acquire any
advantage.

You willfully failed to appear or resolve the matter as required pursuant to PC 853.6 et seq. You are fortunate that nothing happened to you because you could have been charged with the additional offense and compelled to pay an even greater fine.

[aardvarc]

And to the first two individuals who responded here (That Guy and aardvarc), next time someone asks for advice, just keep your uninformed opinions to yourself.

You were given accurate information about your situation and the potential outcomes. No opinions were needed nor offered.