What are the Penalties in Indiana for Failure to Appear?
If you were charged with a criminal offense in Indiana and you failed to appear for your court date, you may face serious consequences. This criminal offense can turn minor legal problems into major issues, including a warrant for your arrest, additional charges, a waiver of your constitutional rights, and even jail time. While the offense may sound minor, its seriousness cannot be overstated, as it shows a disrespect for the judicial process and court orders. Below, our Indianapolis criminal defense lawyers outline the definition of this offense and the potential penalties.
How is Failure to Appear Defined in Indianapolis?
If you are arrested, you will quickly be brought before a judicial officer in the county where you were arrested. In Indiana, this is known as an initial hearing. At the hearing, a judge will inform you of the exact charges you are facing, your rights, and any possible penalties associated with a conviction for the crime. The judge will also inform you about bond or bail and set a future court date for your case. If you post bail, you will be released from custody. The conditions outlined by the judge are meant to ensure you appear at all future court dates and to protect the community.
If you are released from custody on the condition that you appear at future court dates and you fail to do so, you will be charged with failure to appear. Under state law in Indiana, this is classified as a Class A misdemeanor.
What are the Penalties for Failure to Appear?
Many people believe that failure to appear is a minor offense, but it is not. If convicted, you face a penalty of up to one year in jail and a maximum $5,000 fine. If you have a previous offense on your record, the charge is elevated to a Level 6 felony, which is punishable by a maximum fine of $10,000 and between 6 months to 2.5 years in jail. Additionally, a conviction for failure to appear forfeits your bond. If you posted your bond directly with the jail, you do not get a refund of the money. If you use a bail bond company, you are legally responsible for paying back the bond premium.
Lastly, it is important to note that failing to appear can complicate your criminal justice case. It can prolong the process for the charges you were originally facing and you will also face charges for new offenses and have to navigate those as well for months to come. This is very costly and stressful and only adds to the burden of a situation that is already difficult.
Call Our Criminal Defense Lawyers in Indianapolis Today
Like all criminal offenses in Indiana, there are potential defenses available if you have been charged with a failure to appear. At Rigney Law, LLC, our Indianapolis criminal defense lawyers can advise on what those are and craft the strongest defense available. Call us today at 317-623-0989 or contact us online to schedule a free consultation and to learn more about how we can help.
Source:
iga.in.gov/laws/2025/ic/titles/35#35-35