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Failure To Appear VC 40508a

California Vehicle Code section  VC 40508a is also known as a “Failure To Appear” or FTA for short.

When a person is asked to sign at the bottom of a ticket, also known as a “citation”, that signature constitutes a promise to appear in court.  Essentially, by signing the ticket, you are agreeing and therefore are required to appear on the date listed.  The exception might be if you appear and admit guilt (and fulfill whatever terms are given) prior to the scheduled court date.

What many people don’t know is that a failure to appear can actually become an additional charge, (a misdemeanor charge) to that case.  Vehicle section 40508a makes it a misdemeanor crime to break the promise to appear.   The court is not required to send you notice that a bench warrant has been issued.  The only time there is a requirement for you to be notified is when the appearance date changes, in that case you will be advised of a new date to appear.

If you fail to appear in court as indicated on the citation, the court believes that you have no intention of appearing and therefore, issues a bench warrant and also cite you for Vehicle Code section  VC 40508a.  Once a bench warrant has been issued, it will not be recalled until and unless you appear in court, or hire an attorney to represent you in the matter, and even then, the court can order you to appear.

Vehicle Code section  VC 40508a Lawyer 

If you see Vehicle Code section 40508a, (Failure To Appear) on your rap sheet or printout, contact an attorney, preferably one that practices criminal defense.   You will need an attorney to go into the court to quash the warrant on your behalf. If you are caught by a police officer anytime before going to the court, then you will be arrested.

 Vehicle Code section  VC 40508a Lawyer  Resources 

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