Tennessee Criminal Lawyer Blog

Knoxville criminal defense lawyers realize that life can be busy. It is important to realize that courts take it seriously when you fail to appear for your court date. This undermines the court’s authority and increases the court’s workload.

The failure to appear statute in Tennessee provides an offense for people who knowingly fail to appear at court or other official proceedings or penal institutions when directed to appear by a lawful authority. According to Tennessee law, it is unlawful for any person to knowingly fail to appear as directed by a lawful authority if the person:

• Has been lawfully issued a criminal summons;
• Has been lawfully commanded to appear for booking and processing pursuant to a criminal summons;
• Has been lawfully issued a citation in lieu of arrest;
• Has been lawfully released from custody, with or without bail, on condition of subsequent appearance at an official proceeding or penal institution at a specified time or place; or
• Knowingly goes into hiding to avoid prosecution or court appearance. Tenn. Code Ann. § 39-16-609 (2007)

The offense of failure to appear does not cover the failure to make a supervisory meeting with a probation or parole officer, or any other appearance for which there was a reasonable excuse. In addition, the failure to appear statute does not apply to witnesses.

Punishment for failure to appear depends on whether the crime for which the offender failed to appear is a misdemeanor or a felony. If the occasion for which the defendant's appearance is required is a misdemeanor or the defendant failed to appear for booking, then the violation is a Class A misdemeanor. If the occasion for which the defendant's appearance is required is a Class A misdemeanor or a felony, failure to appear is a Class E felony.

The court may order the sentence to be served consecutively to any sentence received for the offense for which the person failed to appear. If you have been charged with failure to appear, or any other crime in East Tennessee, contact a criminal defense attorney. Our office defends clients charged with criminal offenses in Knoxville, Sevierville, Newport, Loudon, Maryville, Johnson City, and Morristown.