When can a defendant be charged with the offense of failure to appear?

• A. Upon failing to appear after being arrested
• B. Upon missing a court date without arrest
• C. Upon failing to appear at a scheduled hearing after release
• D. Upon failing to post bond

Answer: (A)

Not showing up for a scheduled court appearance when you are part of the criminal process is a crime because the court has ordered your presence and you are required to attend. The clearest trigger for this offense is after someone has been arrested and brought into the system, since arrest creates a specific obligation to appear for subsequent proceedings (like an arraignment or other pretrial hearing). Failing to appear at that required hearing disrupts the judicial process and can lead to a charge of failure to appear, which is why the scenario of not appearing after an arrest is the best fit.

Options about missing a date without any arrest or about failing to appear after release describe situations where the triggering event isn’t the arrest-based appearance obligation, or describe bail-related issues that are separate from the failure-to-appear offense. Posting bond is a separate matter from failing to appear.