FTA...Failure to appear....Failed to Appear: What and Why?
What does FTA stand for?
FTA is short for “Failure to Appear.” It is a legal term used by the courts when a person fails to appear in court for his/her court date. The court date could be for a minor traffic ticket, like “Expired Registration” or “Speeding.” Or, the court date could be for a misdemeanor or felony offense. The Judge wants you (or your attorney) to show up to your court date, regardless of the charge.
What can happen if don’t show up for my court date?
If you missed a court date, then the Judge can issue a warrant for your arrest AND the Judge can issue a “Failure to Appear” on your case file. The court will immediately contact DMV (aka Department of Motor Vehicles) about the FTA and then the DMV will respond by suspending your driver’s license. A suspended license puts you at risk of getting stopped by the police, which will likely result in another court case and court date. Also, the court will put a $200 fine on your case for the “Failure to Appear.”
What should I do if I have a Failure to Appear on my record?
Hire an attorney to get the “Failure to Appear” removed from your case. You might be asking “Can’t I just do it myself?” And my response to you would be, “Sure.” If your next question is, “Is it easy to do?” then my response would be “Yes, if you’re an attorney with experience.” I’m not being coy- I’m just being honest. Each county in North Carolina has a unique process.
Do I have to pay the $200 fine for the FTA?
If you hire an attorney to get the FTA removed, then typically you will not have to pay the $200 fine to the court. But, if you go to the court yourself to get the FTA removed, then you will likely need to pay the $200 to the court.
What happens if I pay the $200 fine to the court to get the “Failure to Appear” removed my from case?
There are consequences to just paying the $200 fine. First, the DMV will require you to pay a reinstatement fee to get your license back, which means- more money out of your pocket. Second, the FTA will be permanently attached to your driving record. Potential employers who have access to your driving record may not want to hire a person with such a record. So what does this all mean? It means that if you hire an attorney, you likely won’t have these consequences.
Will I have to pay the DMV a restoration fee to get my license back?
If you hire an attorney to get the FTA removed from your recored, then you will not be responsible for paying a restoration fee to the DMV to get your driver’s license back. But, if you pay the $200 fine to the court get the FTA removed, then you will be responsible for paying a restoration fee to the DMV to get your driver’s license back.
How much does it costs to hire an attorney to handle the FTA?
I can only speak for my law firm, Trivino Law: and my answer……..it depends. “Depends on what?” Depends on your case and the county where the Judge issued the failure to appear. Depending on the county and the ticket/criminal offense, rates will start at $350 but can go up to $500 to only handle the FTA. Representing you on the ticket or the criminal charge would be separate attorney fee. Also, If you have a warrant issued in your name on top of the FTA, then the attorney fee would be more. Call Trivino Law to find out what rate would be applied in your case.
If you still have questions about an FTA, then contact Trivino Law. You can send Attorney Jaylene Trivino an email: jtrivino@trivinolaw.com or call/text: (704) 413-1344.
DISCLAIMER: The information in this article is the opinion of Jaylene Trivino, Esq.