Penal Code 853.7 PC - Violating a Written Promise to Appear in Court
California Penal Code 853.7 PC is the statute making it a misdemeanor to violate a written promise to appear in court. You will typically sign a written agreement to appear in court when you are released from custody on your own recognizance.
In other words, if you're released on your own recognizance after being cited for an infraction or charged with a crime, you're asked to sign a written agreement making a promise to appear in court at your scheduled date and time.
Suppose you willfully violate this promise and don't show up in court. In that case, it's known as “violating a written promise to appear in court,' which is a form of “failure to appear.” PC 853.7 makes it a crime to break this promise.
PC 853.7 says, “Any person who willfully violates his or her written promise to appear or a lawfully granted continuance of their promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested.”
Suppose you fail to show up for a traffic citation after signing a document you promise to appear. In that case, you could be charged with violating this law. A conviction carries up to six months in jail and any penalties from the underlying offense.
What Is a Written Promise to Appear?
A “written promise to appear” in court is a document you signed agreeing to attend your scheduled court proceedings to answer for an infraction or a crime.
Typically, you are served by default when a police officer issues a citation for a traffic violation. Thus, after being cited for an infraction, you are released due to your promise to appear and expected to appear in court at your scheduled time and date to contest the ticket. The other option that would not require an appearance is paying the fine.
This promise to appear is also included when you're released on bail or your own recognizance after being charged with a misdemeanor or felony offense.
When is Failing to Appear a Crime?
As noted, PC 853.7 makes it a crime to violate your written promise to appear in court willfully. To convict you under PC 853.7, prosecutors must prove the elements of the crime beyond a reasonable doubt, including the following:
- You signed a promise to appear in court after you were cited for an infraction or charged with a crime OR
- The court date was lawfully rescheduled with a motion for a Penal Code 1050 PC continuance and
- You willfully failed to appear in court at the scheduled date and time.
Notably, “willfully” means the act was on purpose or intentional. PC 853.7 is a separate offense, meaning you will still be found guilty of this law even if you were innocent of the underlying crime.
What Are Related Crimes?
California has some other laws related to Penal Code 853.7 PC violating a written promise to appear in court, such as the following:
- Penal Code 1320 PC – failure to appear after O.R. release. This law applies after you were released from custody on your own recognizance (O.R. release) and were required to appear in court as ordered.
- Penal Code 1320.5 PC – failure to appear after release on bail. This law applies after you are released from custody by posting bail and must appear in court as ordered.
- Vehicle Code 40508 VC – failure to appear for a traffic citation. This law makes it a crime to break a promise to appear in court after receiving a traffic ticket or failing to pay the fine.
What are the PC 853.7 Penalties?
Violations of PC 853.7 are a misdemeanor offense that carries the following penalties:
- Up to 6 months in county jail, and
- A fine of up to $1000.
This penalty is in addition to other penalties for the original infraction, misdemeanor, or felony. Further, failing to appear could result in different consequences, such as:
- A warrant issued for your arrest and
- Revocation and forfeiture of your bail.
What are the Common PC 853.7 Defenses?
Our California criminal defense lawyers can use different strategies to challenge allegations that you violated this law, such as the following:
- Your failure to appear was not willful,
- You did not violate your promise.
The prosecution must demonstrate that your failure to appear was intentional. Perhaps we can argue that you did not intend to violate your promise to appear. Maybe we say there was a lack of knowledge.
Perhaps you were unaware of your scheduled court date. We can possibly show evidence such as a change of address. Maybe we can say you did not receive a court summons. Maybe we can argue that there were unavoidable circumstances. Perhaps there were circumstances beyond your control, such as a medical emergency or issues with transportation.
Perhaps we can argue there was a misunderstanding. Maybe we can say that you misunderstood the terms of your written promise to appear or made an honest mistake regarding the date, time, or location of your court appearance.
Maybe we can argue that was insufficient or improper notice. Perhaps we can show the summons or notice to appear in court was improperly served or contained incorrect information.
Maybe we can argue that there was actual attendance. Sometimes, the court charges make a clerical error in which they mistakenly assume you failed to appear. Perhaps we can prove that you did attend the scheduled court proceeding and that there was no violation of the written promise to appear.
However, you would need to provide documentation or evidence to support your claim, such as witness statements or signed attendance records from the court.
When you appear in court, you need to bring any necessary documentation, such as identification, copies of the written promise to appear, and any other paperwork that can help demonstrate compliance with the court's requirements. You might be able to clear a warrant without jail time. Contact us for a free case evaluation. Cron, Israels & Stark is based in Los Angeles, CA.
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