Penal Code § 853.7 PC – Violating a Written Promise to Appear in Court

Penal Code § 853.7 PC makes it a misdemeanor offense if you fail to appear in court after signing a written promise to do so. You typically sign a written agreement to appear when you get released from custody on your own recognizance.

The language of the code section reads as follows:

853.7.  Any person who willfully violates his or her written promise to appear or a lawfully granted continuance of his or her 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.

Examples

• failing to show up in court for a ticket after signing a court document promising to appear.
• not appearing in court for a sentencing hearing after giving a written promise to do so.
• ditching a court hearing after filing with the court a document that promises to show up.

Defenses

You can challenge a charge under this statute with a legal defense. Common defenses include:

• no willful act,
• appeared in court, and/or
• necessity.

Penalties

A violation of this law is a misdemeanor. This is opposed to a felony charge or an infraction.

The offense is punishable by:

• custody in county jail for up to six months, and/or
• a maximum fine of $1,000.

A judge can award misdemeanor (or summary) probation in lieu of jail time.

Our California criminal defense attorneys will explain the following in this article:

• 1. When is failure to appear a crime under 853.7 PC?
• 2. Are there legal defenses?
  • 2.1. No willful act
  • 2.2. Appeared in court
  • 2.3. Necessity
• 3. What are the penalties?
• 4. Can I get a conviction expunged?
• 5. Are there related offenses?
  • 5.1. Failure to appear in court (after O.R. release) – PC 1320
  • 5.2. Failure to appear in court (after release on bail) – PC 1320.5
  • 5.3. Failure to appear in court on traffic citation – VC 40508

Penal Code 853.7 PC is the statute that makes it a crime to willfully violate your written promise to appear in court.

1. When is failure to appear a crime under 853.7 PC?

PC 853.7 makes it a crime to willfully violate your written promise to appear in court. This is commonly referred to in California as a “failure to appear.”

A prosecutor must prove the following elements of the crime:

1. you gave a written promise to appear in court, or
2. you gave a written promise to appear and the court date was lawfully continued (See 1050 PC), and
3. you willfully failed to appear.¹

You commit an act “willfully” when you do it:

• willingly, or
• on purpose.

Note that you are guilty of this offense even if you are innocent of any underlying crime.²

2. Are there legal defenses?

You can try to beat a charge under this statute with a good legal defense.

Three common defenses are to show that:

1. you did not “willfully” fail to appear,
2. you did in fact appear in court, and/or
3. you failed to show out of necessity.

2.1. No willful act

Recall that you are only guilty under this statute if you willfully failed to appear. This means it is a defense to say that you did not fail to show up in court on purpose. Perhaps, for example, you were a no-show because you forgot a court date.

2.2. Appeared in court

Sometimes you can get charged with this offense by accident. Perhaps, for example, you made a court date and the court made an error. In these situations, you can show evidence that you appeared, and the charge will generally be dismissed.

2.3. Necessity

This defense shows that you had a good reason to commit a crime. In the context of PC 853.7, you could say you had no other choice than to violate the statute. Perhaps, for example, you had to miss court to take care of an emergency.

A violation of this law can result in jail time and/or a fine.

3. What are the penalties?

A violation of this law is a misdemeanor.

The offense is punishable by:

• custody in county jail (as opposed to state prison) for up to six months, and/or
• a maximum fine of $1,000.³

4. Can I get a conviction expunged?

You can get an expungement if convicted of this offense.

An expungement is favorable since it erases many of the burdens of a conviction.

A judge will grant an expungement if you successfully complete:

• probation, or
• your jail term (whichever was imposed).

5. Are there related offenses?

There are three crimes related to violating a written promise to appear in court. These are:

1. failure to appear in court (after O.R. release) – PC 1320,
2. failure to appear in court (after release on bail) – PC 1320.5, and
3. failure to appear in court on traffic citation – VC 40508.

5.1. Failure to appear in court (after O.R. release) – PC 1320

Penal Code 1320 PC applies after you have been released from custody on your own recognizance. This is also referred to as an “O.R. release.”

The code section makes it a crime to fail to appear in court when:

1. you have been released on your own recognizance, and
2. you are required to appear in court via a court order.

5.2. Failure to appear in court (after release on bail) – PC 1320.5

This statute applies after you have been released from custody upon posting bail.

Penal Code 1320.5 PC makes it a crime to fail to appear in court when:

1. you have been released on bail, and
2. you are required to appear in court via a court order.

5.3. Failure to appear in court on traffic citation – VC 40508

Vehicle Code 40508 VC is the California statute that makes it a crime to:

1. break a promise to appear in court following a traffic ticket, or
2. fail to pay bail following a ticket.

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