Failure to Appear – NRS 199.335

Overview

Failure to appear in court is a significant legal issue addressed under Nevada Revised Statute (NRS) 199.335. This law pertains to individuals who do not show up for scheduled court appearances after being properly notified. Understanding the implications of this statute is crucial for defendants, legal professionals, and anyone involved in the judicial process.

Definition of Failure to Appear

Under NRS 199.335, “failure to appear” refers to the willful failure of a defendant to attend a scheduled court hearing or trial. Key components of the law include:

1. Scheduled Court Appearance: The individual must have been summoned or required to appear in court for a scheduled hearing, trial, or other legal proceedings.
2. Willful Noncompliance: The failure to appear must be intentional; accidental or unforeseen circumstances may be used as defenses.
3. Proper Notification: The individual must have received proper notice of the court date, which can include written notifications, summons, or verbal warnings from a judge or court official.

Legal Requirements for Prosecution

To secure a conviction for failure to appear under NRS 199.335, the prosecution must prove several elements beyond a reasonable doubt:

1. Existence of a Summons: The prosecution must establish that the accused received a summons or notification to appear in court.
2. Knowledge of the Appearance Requirement: It must be shown that the individual was aware of their obligation to attend the court proceedings.
3. Intentional Failure to Appear: The prosecution must demonstrate that the individual willfully chose not to appear in court without a valid reason.

Related Offenses

Failure to appear is related to several other offenses, including:

• Contempt of Court – NRS 22.010: Involves actions that disobey or disrespect the court’s authority, which can include failing to comply with court orders.
• Bail Jumping – NRS 199.335: Specifically refers to failing to appear in court while out on bail, which can lead to additional charges and consequences.
• Criminal Charges: Failure to appear can be charged in conjunction with other criminal offenses for which the individual was initially arrested.

Examples of Failure to Appear

To illustrate how NRS 199.335 is applied, consider these examples:

• Example 1: A defendant is scheduled for a preliminary hearing but fails to attend without notifying the court. This can result in charges of failure to appear.
• Example 2: An individual is released on bail but does not show up for their court date. In this case, the court may issue a warrant for their arrest for failure to appear.

Penalties for Failure to Appear

The penalties for failure to appear under NRS 199.335 can vary based on the circumstances:

• Misdemeanor: Generally, failure to appear is charged as a misdemeanor, which can result in:
  • Imprisonment: Up to 6 months in jail.
  • Fines: Up to $1,000.
• Category D Felony: If the failure to appear was in connection with a felony charge, the offense may be escalated to a Category D felony, which carries:
  • Imprisonment: 1 to 4 years in the Nevada Department of Corrections.
  • Fines: Up to $5,000.

Defenses Against Failure to Appear Charges

If you are facing charges of failure to appear under NRS 199.335, several defenses may apply:

1. Lack of Notice: If the accused can demonstrate that they did not receive proper notice of the court date, this can serve as a defense.
2. Valid Excuse: If there were legitimate reasons for not appearing, such as a medical emergency or unavoidable circumstance, this may mitigate liability.
3. Miscommunication: If there was a misunderstanding regarding the court date or time, this can be a valid defense against charges of failure to appear.
4. Inability to Appear: Demonstrating that the individual made reasonable efforts to attend but was unable to do so may lead to dismissal of the charges.

The Importance of Legal Representation

Navigating the complexities of failure to appear charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling criminal cases equips him to provide a robust defense against charges under NRS 199.335.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving failure to appear.

Understanding Your Rights

If you are accused of failure to appear, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against failure to appear charges under NRS 199.335 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.