Rule 4-701 Failure to Appear

Intent:

To establish a procedure for handling cases in which the defendant fails to appear and fails to remit a fine.

Applicability:

This rule shall apply to cases in which the defendant’s appearance is not required.

Statement of the Rule:

(1) When a case is filed, the clerk may mail to the defendant a notice indicating the fine amount. If the defendant fails to appear or remit the fine amount within fourteen days after receiving a citation, the clerk may increase the fine amount by $50 and mail the defendant a delinquency notice.

(2) If the defendant fails to appear or remit the fine amount within forty days after receiving a citation, the court may increase the fine amount by $75 and issue a warrant for failure to appear.

(3) If the defendant is a juvenile, the court may issue a bench warrant or order to take the defendant into custody. If a bench warrant is issued, a special designation or "flag" shall be placed on the warrant indicating that the defendant is a juvenile.

(4) If a minor fails to appear in juvenile court on a charge which would constitute an infraction if committed by an adult:

(4) (A) The court shall not issue an Order for Detention.

(4) (B) The court may authorize the probation department to file an order to show cause.