When can a defendant be charged with the offense of failure to appear?

• A. Upon failing to appear after a summons
• B. Upon failing to appear at arraignment
• C. Upon failing to appear after a trial date
• D. Upon failing to appear after being arrested

Answer: (D)

The concept being tested is that failure to appear is tied to someone who has already entered the court system through arrest and is released (often on bond) with a scheduled court date. The offense exists to ensure that a person who has been brought into custody, processed, and released back into the community shows up for the required appearance. If a person has only received a summons and has not been arrested, missing that appearance does not fit the typical definition of failure to appear; the enforcement may take a different form, such as contempt or a separate process. Missing a court date after an arrest is the scenario that triggers the failure-to-appear charge, because that is when the defendant has a formal obligation to return to court under the bail condition.