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WHAT IS FAILURE TO APPEAR IN NEVADA?
Failure to appear (FTA) occurs when a person who has been released on bail or on their own recognizance willfully fails to appear at a required court date. It is a separate criminal offense in addition to the underlying charge.
WHAT THE PROSECUTION MUST PROVE
To convict you of Failure to Appear in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant was released on bail or their own recognizance
The defendant was required to appear at a specific court date
The defendant willfully failed to appear
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR FAILURE TO APPEAR IN NEVADA
FTA on Misdemeanor
Misdemeanor. Up to 6 months in jail and/or up to $1,000 fine.
FTA on Gross Misdemeanor
Gross misdemeanor. Up to 364 days in jail.
FTA on Felony
Category D felony. 1 to 4 years in prison, in addition to the underlying felony charge.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending failure to appear charges
Missing a court date is one of the most damaging things you can do to your case. A bench warrant will be issued immediately, bail will be forfeited, and you will face an additional criminal charge.
If you missed a court date due to a genuine emergency — hospitalization, family crisis, miscommunication — contact an attorney immediately. Courts will sometimes recall a warrant if you appear promptly with a valid explanation.
Willfulness is an element. If you did not receive proper notice of the court date, or if there was a legitimate reason for your absence, this can be a defense.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO FAILURE TO APPEAR
Every case is unique, but these are the defenses most commonly raised in failure to appear cases in Nevada:
No notice of the court date
Emergency circumstances prevented appearance
Clerical error — wrong date provided
Lack of willfulness