What is a Failure to Comply in Los Angeles?
If you’ve been ordered by the court to do something (or not do something), it’s important that you follow the court’s instructions. If you don’t abide by the court’s orders, you could be faced with a “failure to comply” notice.
What is a failure to comply? In general terms, it just means the court found out that you didn’t follow the court’s orders, and they are telling you about it. The consequences for failure to comply will vary depending on the severity of the orders you violated.
A failure to comply can apply in many different scenarios in criminal court. The best way to learn what it means for your case is to consult with your Los Angeles criminal defense lawyer.
A Failure to Comply Can Mean Many Things
In general terms, a failure to comply means a court order has been violated.
Obviously, without even knowing what court order you violated, we know that a failure to comply is never a good thing. There are many different kinds of court orders. If you have a question about anything you receive from the court, have an experienced criminal defense lawyer take a look at it so that you understand what it means. You can’t afford to violate a court order.
Some examples of court orders that can lead to a failure to comply if violated include:
- Terms of probation
- Terms of parole
- Any term or condition of a criminal sentence
- Restraining order (protective order)
- Terms and conditions of bail or bond
- Court-ordered child support or spousal support
- Discovery order or subpoena
- Missing a court date
This list is not exhaustive, but these are perhaps the most common issues that can lead to a failure to comply in your case.
What Are the Penalties for a Failure to Comply?
The penalties for a failure to comply vary greatly depending on which type of court order you violated.
Some things that could happen when you violate a court order include:
- Finding you in contempt of court
- Issuing a warrant for your arrest
- Sentencing you to serve jail time
- Additional criminal charges filed by the prosecutor
- Revocation of probation or parole and reincarceration
- Revocation of bail / bond and rearrest
These penalties are very serious. If you find out you have a failure to comply in your case, it is critical that you seek legal help right away.
How to Handle a Failure to Comply in Los Angeles
Now that you know understand a failure to comply in Los Angeles, it is important to examine what you should do if you have one in your case. The answer is simple – if you have a failure to comply, you need to hire an experienced criminal defense lawyer right away.
Your attorney will be able to work with you to determine the best course of action.
Some actions that may be appropriate include:
- Scheduling a voluntary court appearance to clear up the issue
- Moving the court to quash a warrant
- Explaining mitigating circumstances surrounding a violation
- Arguing and providing proof that you did not actually violate a court order
- Asserting that a court order was unlawful or that you did not have proper notice
- Making other arguments for the court to excuse noncompliance
- Fighting against new charges or a contempt finding
Only your lawyer can develop a legal strategy and advise you on how to handle a failure to comply. There are significant legal risks and jail exposure after a failure to comply, so you should never act without the advice of counsel. Don’t be caught unprepared after finding out you violated a court order – call an experienced Los Angeles criminal defense lawyer for help.