When can a prosecutor charge a defendant with the offense of violation of promise to appear?

• A. When a defendant fails to appear who is charged with Subtitle C, Rules of the Road offense
• B. When the defendant has posted bond
• C. When the defendant pleads guilty
• D. When the defendant completes a diversion program

Answer: (A)

A prosecutor can charge a defendant with violation of promise to appear only when the defendant fails to show up for a required court appearance after being charged. In the scenario given, this applies specifically to someone who has been charged with a road-related offense (Subtitle C, Rules of the Road). If that person does not appear as directed, the failure to appear itself becomes a separate offense the prosecutor can pursue.

Posting bond, pleading guilty, or completing a diversion program do not meet the triggering condition. Posting bond relates to release, pleading guilty ends the case on the underlying charge, and completing a diversion program also addresses the case in a different way; none of these by themselves constitute a failure to appear.