Virginia Code § 19.2-128 outlines the penalties for failing to appear in court after being released or summoned. It specifies forfeiture of security, and distinguishes penalties based on whether the offense is a felony or misdemeanor, including exceptions for incarcerated or detained individuals. The law aims to enforce court appearances while providing certain protections for specific circumstances.
If you fail to appear, you may face forfeiture of your security, or criminal charges depending on whether the offense is a felony or misdemeanor, unless you have a valid reason or are detained.
Yes, individuals who are incarcerated, detained, or in custody at the time of their scheduled court appearance are exempt from these penalties.
Filing a failure to appear can result in a forfeiture of security, a Class 6 felony charge if a felony offense, or a Class 1 misdemeanor if a misdemeanor offense.
Yes, if you can show good cause for your absence or if the court determines that forfeiture or penalties would not serve justice or orderly proceedings, penalties may be avoided.