When a Missed Court Date Becomes a Separate Offense

If you have been arrested or charged with a crime, you may be held in custody pending the trial to determine if you are guilty of committing an offense.

In most cases, however, those who are named as defendants in a criminal case and who are arrested and charged do not just remain behind bars until the time of their trial.

It can take weeks, months, or even years for a case to go to trial, and defendants are generally allowed to be free until such time as their trial takes place, unless there are circumstances that make this impractical, such as when a defendant is considered to be a flight risk.

A bail hearing may be set after an arrest to determine if a defendant must post bail in order to be released pending trial. If bail is set, a defendant will need to arrange to have bail posted before being allowed to be released. If there is no bail required, a defendant may simply be released on his own recognizance.

Whether a defendant must post bail or not, the defendant is expected to return to court for designated hearings into the case pending against him. If a defendant does not appear in court proceedings when required after that defendant has been released on bail or after that defendant has been released on his own recognizance, the defendant can be charged with a crime against public justice.

LV Criminal Defense can provide representation to any defendant who has been charged with a failure to appear after release on bail or after being released without bail. Our Nevada criminal defense firm has provided representation to many defendants in cases where they have been accused of crimes against public justice, and we can put our legal experience with these types of cases to work for you.

Top Rated Criminal Lawyer

Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.

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Nevada Laws on Failure to Appear After Release

In Nevada Revised Statutes section 199.335, the state of Nevada defines the crime of failure to appear after being released on bail or after being released without bail.

A person who has been admitted to bail or released on recognizance is subject to additional offenses pursuant to NRS 199.335, provided that such person has not been returned to custody and fails to appear at the time and place specified in his/her release order, as modified.

If the underlying prosecution includes at least one felony, failure to appear is a category D felony.

If the highest underlying charge is a gross misdemeanor, failure to appear is a gross misdemeanor. If the underlying charges are all misdemeanors, failure to appear is a misdemeanor.

In either misdemeanor tier, failure to appear is a category D felony if the defendant left Nevada intending to avoid prosecution.

What Our Clients Are Saying

When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.

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Contact a Nevada Criminal Defense Law Firm

A Nevada criminal defense lawyer can provide representation to any defendant accused of failing to appear after admission to bail or release without bail.

To find out more about how LV Criminal Defense can help you, give us a call today.