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  • Writer's pictureBrandon Hicks

Understanding Failure to Appear Charges in Indiana 35-44.1-2-9 : B. Hicks Law Explains


Introduction: At B. Hicks Law, we are committed to helping individuals navigate the complex world of criminal law. One such area that often confounds our clients is Failure to Appear charges in Indiana. In this blog post, we will delve into the legal intricacies of IC 35-44.1-2-9, which deals with Failure to Appear, and how it could affect you. Understanding this law is crucial, as it can lead to severe consequences, ranging from a Class A misdemeanor to a Level 6 felony, depending on the circumstances. Let us break it down for you.


Failure to Appear Defined


Failure to Appear Defined: IC 35-44.1-2-9 addresses the offense of Failure to Appear, which occurs when a person who has been released from lawful detention intentionally fails to appear at a specified time and place in connection with a charge of a crime. The severity of the charge depends on the nature of the original crime.

  1. Class A Misdemeanor: If the original charge was a misdemeanor, then failing to appear constitutes a Class A misdemeanor. In the state of Indiana, a Class A misdemeanor is a serious offense and may result in penalties such as fines, probation, and even jail time.

  2. Level 6 Felony: If the charge the person failed to appear for was a felony, the Failure to Appear offense is elevated to a Level 6 felony. Level 6 felonies are more serious and can result in harsher consequences, including longer prison sentences and a permanent criminal record.

No Defense in Not Being Convicted: It is essential to note that, under IC 35-44.1-2-9, it is not a valid defense that the accused person was not convicted of the crime with which they were originally charged. The law places the emphasis on the failure to appear itself, rather than the outcome of the initial charge.

Exemptions: This section also provides exemptions, stating that it does not apply to obligations to appear incident to release under a suspended sentence or on probation or parole. In other words, individuals who have been released under these specific circumstances have different legal obligations regarding appearances.


Consequences of Failure to Appear: Failure to Appear charges can have far-reaching consequences. Aside from potential fines and imprisonment, it can tarnish your reputation and make it challenging to secure employment or housing in the future. It is crucial to address these charges promptly and with the assistance of an experienced criminal defense attorney.


Seek Legal Assistance from B. Hicks Law: At B. Hicks Law, we understand the complexities of Indiana's criminal laws and are dedicated to providing expert legal representation for our clients. If you are facing Failure to Appear charges or any other criminal charges, we can help you navigate the legal process, protect your rights, and work towards the best possible outcome.


Understanding Indiana's Failure to Appear law, as outlined in IC 35-44.1-2-9, is essential for anyone facing criminal charges. B. Hicks Law is here to help you comprehend the intricacies of the law and provide expert legal representation to safeguard your rights. If you find yourself in a situation involving Failure to Appear or any other criminal charge, don't hesitate to contact us. Your future may depend on it.

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