New Law Makes Failure to Appear Much More Serious in TN

 Posted on September 26, 2024 in Criminal Defense

Senate Bill 2304, sponsored by Gardenhire, Rose, and Walley, went into effect July 1, 2024. The bill places those who fail to appear in court for a bench warrant on a federal fugitive database if they were charged with a felony or a Class A or B misdemeanor that is violent or sexual in nature. The individual will be placed on that federal database within 10 days of failing to appear in court for one of these offenses.

If you find yourself placed on the federal fugitive database, it is important that you speak to a knowledgeable criminal defense attorney as quickly as possible. When you choose a Knoxville, TN criminal defense attorney from The Baker Law Firm, you have taken an important first step toward protecting your future. You can find out more below about how to be removed from the federal fugitive database after a failure to appear.

Are There Additional Changes Under Senate Bill 2304?

Following an arrest — but prior to the determination of bail — current law requires the arresting officer to exercise due diligence in determining whether a prior arrest or conviction exists, making the results of that investigation part of the individual’s file. The new law removes this requirement.  

What is Failure to Appear in Tennessee?

Failure to appear in the state of Tennessee was a serious issue with severe consequences even before the new law took effect. Tennessee courts take a tough stance under the theory that nobody will show up for their court dates if the consequences are not severe. The severity of the charge – whether you will be charged with a misdemeanor or felony failure to appear – depends on the original charges.   

A conviction for the felony offense of failure to appear can result in a sentence of up to three years in state prison.  In some cases, a felony failure to appear conviction can be expunged from your criminal record once you have successfully completed your original sentence requirements.

If your failure to appear is for a misdemeanor, you may have a Class A misdemeanor added to your offenses. Penalties for a Class A misdemeanor in Tennessee include fines up to $2,500 and a prison term of up to 11 months and 20 days, added on to the sentence for your original offense.  

What Happens if You Fail to Appear?

If you miss your court date, the following will occur:

• A bench warrant will be issued for you

• Your bail bond may be revoked

• Your conditions of release may be altered

• Under the new law, you will be added to the federal fugitive database

 Revocation of bail or changing the conditions of your release will have an immediate impact.

Are There Any Defenses to Failure to Appear?

Not every failure to appear can be tied to willful defiance of the court. You could have been ill or could have been helping a family member who was ill. You could have been involved in an accident on the way to your hearing, or you could have had a true family emergency. If the situation is out of your control, it is necessary for you to speak to an experienced criminal defense attorney who can explain your circumstances to the court promptly and then reschedule your appearance in court. As soon as you realize you missed a court date – for whatever reason – do not ignore it, hoping it will go away. It will not.

Contact a Knox County, TN Criminal Defense Lawyer

A Knoxville, TN, criminal defense attorney with experience in failure-to-appear offenses can help you tailor a plan to apologize to the court and get back on track. Attorney Lance K. Baker is listed in the National Trial Lawyers Top 40 Under 40 in the Criminal Defense category and has been honored as one of Knoxville’s top DUI defense attorneys by Cityview magazine. The attorneys at The Baker Law Firm are highly experienced in all facets of criminal law. Call 865-200-4117 today to schedule your free consultation.