The Difference Between Failure to Appear and Contempt of Court in Georgia

When navigating Georgia’s legal system, it’s easy to confuse legal terms like Failure to Appear (FTA) and Contempt of Court. While both offenses involve a disregard for court orders, they are distinct in their nature, legal implications, and potential penalties. The Spizman Firm understands that these differences are crucial for anyone facing legal proceedings in Georgia.
What Is Failure to Appear (FTA)?
Failure to Appear occurs when a defendant or witness does not show up for a scheduled court date. This offense typically arises in criminal cases, traffic violations, or civil matters where an appearance is required by law or court order.
Legal Consequences of FTA in Georgia
Bench Warrant Issued
When you fail to appear, the judge may issue a bench warrant for your arrest. This authorizes law enforcement to detain you until you are brought before the court.
License Suspension
In traffic-related FTAs, the Georgia Department of Driver Services (DDS) can suspend your driver’s license until the matter is resolved.
Additional Charges or Penalties
In criminal cases, an FTA can lead to additional charges, which may result in higher fines, extended probation, or jail time.
Loss of Bail or Bond
If you posted bail, an FTA could result in forfeiture of the bond and make future release conditions more stringent.
What Is Contempt of Court?
Contempt of Court occurs when a person willfully disrespects or disobeys the authority of the court. Contempt can be categorized into two types:
Civil Contempt: Typically used to compel compliance with court orders, such as child support payments or discovery requests.
Criminal Contempt: Punishes behavior that directly defies or disrupts court proceedings, such as verbally insulting a judge or refusing to testify when subpoenaed.
Legal Consequences of Contempt in Georgia
Fines and Jail Time
A judge can impose fines, jail time, or both. For criminal contempt, sentences are often more severe and may include immediate incarceration.
Loss of Legal Protections
In some cases, contempt charges can strip individuals of certain procedural rights, such as the right to a jury trial.
Continuing Obligations
In civil contempt cases, penalties may continue until the individual complies with the court’s order (e.g., paying overdue child support).
Key Differences Between FTA and Contempt of Court
Nature of the Offense
FTA involves failing to show up for court, while contempt typically involves defying a court order or behaving inappropriately during proceedings.
Legal Focus
FTA is often procedural and linked to specific appearances or deadlines. Contempt focuses on behavior that undermines the court’s authority or disrupts justice.
Who Can Be Charged
FTA charges are primarily for defendants and witnesses. Contempt can apply to anyone, including attorneys and spectators.
Purpose of Penalties
FTA penalties aim to ensure future compliance. Contempt penalties are intended to enforce court authority and maintain order.
How The Spizman Firm Can Help
If you’ve been charged with Failure to Appear or Contempt of Court in Georgia, understanding the distinctions can significantly affect your defense strategy. At The Spizman Firm, we specialize in defending clients facing these charges and ensuring their rights are protected. Our experienced Atlanta Failure to Appear Lawyers serve clients in Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact us today to schedule a consultation and start building your defense.