What Happens If You Fail to Appear for a Federal Criminal Trial?

Even when someone is released on bail pending a criminal trial, they are still required to make a number of court appearances, both before and during their trial. Any failure to appear can lead to the defendant’s immediate arrest on a bench warrant. This means they can be forced to wait in jail until their case is heard. And if prosecutors believe the defendant deliberately failed to appear–i.e., they “fled the jurisdiction”–the defendant can face additional criminal charges for such acts.

Arrest Warrant Issued After Defendant Skips Criminal Insurance Fraud Trial

For instance, a federal grand jury in Atlanta recently indicted a defendant for allegedly fleeing before his scheduled trial on federal wire fraud charges.

According to the indictment, the defendant allegedly ran a scheme between 2013 and 2020 to defraud multiple life insurance companies. The scheme allegedly involved the defendant using a sham company to purchase group life insurance policies for individuals with serious health problems. The government claims the defendant falsely claimed these individuals worked for his company. When these “employees” later died, the defendant then allegedly collected the life insurance proceeds. Altogether, the government alleges the defendant received about $2.7 million from seven different insurance companies.

The defendant’s jury trial was scheduled to begin in Atlanta federal court on October 29, 2024. He failed to appear, however, forcing the trial’s postponement. A federal magistrate judge issued a warrant for the defendant’s arrest, as he is now considered a fugitive.

The government also obtained a superseding indictment from the grand jury adding a charge of “failure to appear” to the existing wire fraud allegations. Under federal law, a person granted pretrial release on a charge where the maximum penalty exceeds 15 years in prison commits a separate felony punishable by up to 10 years in prison. Wire fraud carries a maximum sentence of 30 years in prison.

Contact Hawkins Spizman Trial Lawyers Today

Obviously, there is no legal justification for fleeing from justice. Especially if you are granted pretrial bail or release, you have an obligation to make all required court appearances. That said, there are situations where “uncontrollable circumstances” may prevent an honest defendant from appearing in court on time. It is important to be upfront about such circumstances, however, and to make all reasonable efforts to appear when required. The last thing you want is to face additional criminal charges related to an alleged deliberate failure to appear.

It is also important to note that under Georgia law, a failure to appear can lead to the immediate suspension of your driver’s license, which may not be lifted until you serve jail time and pay a fine for your actions. So if you are facing this type of situation, it is best to consult with a qualified Atlanta failure to appear lawyer right away. Call Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

ustice.gov/usao-ndga/pr/defendant-charged-after-fleeing-trial