Connecticut General Statutes §53a-172 – Failure to Appear in the First Degree

When you are charged with a felony in Connecticut and released on bail or a promise to appear, you have a legal obligation to attend every scheduled court date. Under Connecticut General Statutes §53a-172, failing to appear for a felony court hearing willfully is a separate felony offense punishable by additional jail time and fines on top of the penalties for your underlying case.

Missing a court date in a felony matter can have devastating consequences. Judges often treat such failures as a breach of trust, resulting in higher bail, re-arrest warrants, and more aggressive prosecution. Acting quickly is essential to protect your rights.

To convict you of Failure to Appear in the First Degree under Connecticut General Statutes §53a-172, the State must prove the following beyond a reasonable doubt:

1. Pending Felony Case: You had a pending felony charge in Connecticut.
2. Release on Bail or Promise to Appear: You were released from custody on a bail bond or written promise to appear.
3. Notice of Court Date: You were informed of the date and time you were required to appear.
4. Willful Non-Appearance: You willfully failed to appear in court as required.

The key element is willfulness. If you were hospitalized, incarcerated in another jurisdiction, or otherwise prevented from attending court involuntarily, you cannot be convicted under §53a-172.

• Example of Violation: A defendant charged with felony burglary is released on a $25,000 bond. He decides not to attend his pre-trial hearing, believing that avoiding court will “buy him time.” A re-arrest warrant is issued, and he is later charged with Failure to Appear in the First Degree under CGS §53a-172, adding another felony to his record.
• Example of No Violation: A woman facing a felony larceny charge is hospitalized for emergency surgery on the morning of her court date. Her attorney promptly notifies the court and provides documentation. Since her failure to appear was not willful, she cannot be convicted of violating §53a-172.

• Connecticut General Statutes §53a-173 – Failure to Appear in the Second Degree (applies to misdemeanor cases).
• Connecticut General Statutes §51-164r – Failure to Pay or Plead (relates to non-criminal infractions).
• Connecticut General Statutes §14-140 – Release on Own Recognizance Violations (traffic-related).

Understanding the distinction between §53a-172 (felonies) and §53a-173 (misdemeanors) is important because §53a-172 carries significantly harsher consequences.

The best way to defend a Failure to Appear in the First Degree charge is to act immediately. Options include:

• Motion to Vacate the Warrant: If a re-arrest warrant has been issued, your attorney can file a motion to vacate it, showing good cause for your absence. Prompt action often convinces judges to reinstate bail and avoid adding the new felony charge.
• Lack of Willfulness: Demonstrating that you did not willfully fail to appear — for example, due to medical emergencies, incarceration elsewhere, or lack of notice — can be a complete defense.
• Diversionary Programs: In some cases, first-time offenders may be eligible for the Accelerated Rehabilitation (AR) Program, which can lead to dismissal of both the §53a-172 charge and the underlying felony case.
• Mitigation: If dismissal is not possible, showing voluntary return to court, cooperation, and compliance can help your lawyer negotiate reduced charges or probation instead of prison.

A violation of Connecticut General Statutes §53a-172 is a Class D felony, punishable by:

• Up to 5 years in prison;
• Fines of up to $5,000;
• Revocation or forfeiture of your bail;
• A permanent felony record, which can severely limit employment, housing, and professional opportunities.

Missing court for a felony charge almost always results in a re-arrest warrant and can make resolving your original case far more difficult.

Courts and prosecutors take Failure to Appear in the First Degree (CGS §53a-172) very seriously. If you or a loved one has missed a felony court date, do not wait to be arrested. Contact an experienced Connecticut criminal defense attorney immediately to take control of the situation.

At the Law Offices of Allan F. Friedman, we have over 30 years of experience defending clients against Failure to Appear charges throughout Connecticut. We know how to vacate warrants, negotiate with prosecutors, and fight to have charges dismissed or reduced.

Call Attorney Allan F. Friedman at (203) 357-5555 for a free, confidential consultation. We are available 24/7 to help you resolve Connecticut General Statutes §53a-172 – Failure to Appear in the First Degree charges and protect your future.