Common use of Failure to Appear Clause in Contracts

Failure to Appear. If a defendant fails to appear for a Compliance Hearing after the Court has mailed thirty (30) days notice of the Compliance Hearing to the address provided by the defendant, the Court may issue a warrant for failure to appear (FTA). It is defendant’s duty and responsibility to notify immediately the Municipal Court of any change in her/his address. All efforts must be made to serve the FTA warrant during business hours on a weekday. Upon arrest pursuant to an FTA warrant, the defendant should be brought directly to Municipal Court instead of being taken to the Xxxxxxxx County Adult Detention Center. At that time, the Court will have the defendant complete an Affidavit of Indigence (Form Three) to determine whether the defendant is entitled to court-appointed counsel at no cost. On traffic tickets and other misdemeanor charges that will be fine only, if a defendant is arrested on a weekend, weekday night, holiday, or any other time when Court is not in session, the arresting officer will contact a Biloxi Municipal Court Judge by telephone before transporting the defendant to Xxxxxxxx County Adult Detention Center, at which time the Judge will authorize release of the defendant on his or her own recognizance until the next Biloxi Municipal Court plea or hearing date. FORM ONE BILOXI MUNICIPAL COURT ORDER SETTING COMPLIANCE HEARING 000 Xxxxxx Xxxxxx, Public Safety Building, First Floor, Biloxi, MS 39530 CASE NUMBER: DEFENDANT NAME: COMPLIANCE HEARING DATE: TOTAL BALANCE DUE: Fines: State Assessments: Fees: Court Costs: Restitution: PAYMENT PLAN SCHEDULE: COMMUNITY SERVICE HOURS REQUIRED AND COMPLETION DATE: OTHER PROGRAM HOURS REQUIRED AND COMPLETION DATE: You have been charged with the failure to pay and/or the failure to complete community service and/or an approved program as required by the Biloxi Municipal Court.

Appears in 2 contracts

Samples: Stipulated Settlement Agreement and Retention of Jurisdiction, Stipulated Settlement Agreement and Retention of Jurisdiction

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Failure to Appear. If a defendant fails to appear for a Compliance Hearing after the Court has mailed thirty (30) days notice of the Compliance Hearing to the address provided by the defendant, the Court may issue a warrant for failure to appear (FTA). It is defendant’s duty and responsibility to notify immediately the Municipal Court of any change in her/his address. All efforts must be made to serve the FTA warrant during business hours on a weekday. Upon arrest pursuant to an FTA warrant, the defendant should be brought directly to Municipal Court instead of being taken to the Xxxxxxxx Harrison County Adult Detention Center. At that time, the Court will have the defendant complete an Affidavit of Indigence (Form Three) to determine whether the defendant is entitled to court-appointed counsel at no cost. On traffic tickets and other misdemeanor charges that will be fine only, if a defendant is arrested on a weekend, weekday night, holiday, or any other time when Court is not in session, the arresting officer will contact a Biloxi Municipal Court Judge by telephone before transporting the defendant to Xxxxxxxx Harrison County Adult Detention Center, at which time the Judge will authorize release of the defendant on his or her own recognizance until the next Biloxi Municipal Court plea or hearing date. FORM ONE BILOXI MUNICIPAL COURT ORDER SETTING COMPLIANCE HEARING 000 Xxxxxx Xxxxxx, Public Safety Building, First FloorXxxxx Xxxxx, BiloxiXxxxxx, MS 39530 XX 00000 CASE NUMBER: DEFENDANT NAME: COMPLIANCE HEARING DATE: TOTAL BALANCE DUE: Fines: State Assessments: Fees: Court Costs: Restitution: PAYMENT PLAN SCHEDULE: COMMUNITY SERVICE HOURS REQUIRED AND COMPLETION DATE: OTHER PROGRAM HOURS REQUIRED AND COMPLETION DATE: You have been charged with the failure to pay and/or the failure to complete community service and/or an approved program as required by the Biloxi Municipal Court.

Appears in 1 contract

Samples: Stipulated Settlement Agreement and Retention of Jurisdiction

Failure to Appear. If a defendant fails to appear for a Compliance Hearing after the Court has mailed thirty twenty-one (3021) days notice of the Compliance Hearing to the address provided by the defendant, and the defendant has not previously contacted the Court to request a new date, the Court may issue a warrant capias for failure to appear (FTA)appear. It is defendant’s duty and responsibility to notify immediately the Municipal Court of any change in her/his addressaddress and to notify the Court of any request for adjournment. All efforts must be made to serve the FTA warrant capias during business hours on a weekday. If a person who is the subject of a capias turns himself/herself in, officers shall promptly escort the person to the Biloxi Municipal Court for a determination as to whether counsel is required and for recall of the capias. If a judge is not immediately available, Court staff shall provide in-person service of an Order Setting Compliance Hearing to appear at the next available Compliance Hearing date. The capias shall be recalled and the person will be released on an unsecured bond. Upon arrest pursuant to an FTA warranta capias, the defendant should be brought directly to Municipal Court instead of being taken promptly escorted to the Xxxxxxxx County Adult Detention Center. At that time, the Court will have the defendant complete an Affidavit of Indigence (Form Three) to determine whether the defendant is entitled to court-appointed counsel at no cost. On traffic tickets and other misdemeanor charges that will be fine only, if a defendant is arrested on a weekend, weekday night, holiday, or any other time when Court is not in session, the arresting officer will contact a Biloxi Municipal Court Judge by telephone before transporting for a determination as to whether counsel is required and a Compliance Hearing pursuant to the defendant procedures described above and in the Bench Card. If a judge is not immediately available to Xxxxxxxx County Adult Detention Centerconduct a Compliance Hearing, at which time the Judge will authorize release of the defendant on his or her own recognizance until the next Biloxi Municipal Court plea or hearing dateon- duty bond officer shall issue an unsecured bond. FORM ONE BILOXI MUNICIPAL COURT ORDER SETTING COMPLIANCE HEARING 000 Xxxxxx Xxxxxx, Public Safety Building, First FloorXxxxx Xxxxx, BiloxiXxxxxx, MS 39530 XX 00000 CASE NUMBER: DEFENDANT NAME: COMPLIANCE HEARING DATE: TOTAL BALANCE DUE: Fines: State Assessments: Fees: Court Costs: Restitution: PAYMENT PLAN SCHEDULE: TOTAL COMMUNITY SERVICE HOURS REQUIRED AND COMPLETION DATE: OTHER OR PROGRAM HOURS REQUIRED AND COMPLETION DATEREQUIRED: You have been charged with YOU ARE HEREBY ORDERED to appear before the failure Biloxi Municipal Court at 9:00 o'clock a.m., on the day of , 20 , to pay and/or the failure to explain why you did not pay, complete community service and/or an approved program as required by the Biloxi Municipal Court.. You MUST appear on the date set forth above, if you have not responded before then. The Court will NOT put you in jail if you appear and are NOT ABLE TO PAY. FAILURE TO APPEAR may result in your arrest and a finding of contempt of Court. At the hearing, you may ask the judge to appoint a free lawyer to help you. If you cannot afford a lawyer, the judge will appoint a free lawyer to help you. Please see the attached list of your rights and obligations. Biloxi Municipal Court Judge IT IS YOUR DUTY AND RESPONSIBILITY TO NOTIFY IMMEDIATELY THE MUNICIPAL COURT OF ANY CHANGE IN YOUR ADDRESS. Attachments: Form Two: Advisement of Rights Regarding Payments and Community Service Form Three: Notice of Change of Address

Appears in 1 contract

Samples: Stipulated Settlement Agreement and Retention of Jurisdiction

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Failure to Appear. If a defendant fails to appear for a Compliance Hearing after the Court has mailed thirty twenty-one (3021) days notice of the Compliance Hearing to the address provided by the defendant, and the defendant has not previously contacted the Court to request a new date, the Court may issue a warrant capias for failure to appear (FTA)appear. It is defendant’s duty and responsibility to notify immediately the Municipal Court of any change in her/his addressaddress and to notify the Court of any request for adjournment. All efforts must be made to serve the FTA warrant capias during business hours on a weekday. If a person who is the subject of a capias turns himself/herself in, officers shall promptly escort the person to the Biloxi Municipal Court for a determination as to whether counsel is required and for recall of the capias. If a judge is not immediately available, Court staff shall provide in-person service of an Order Setting Compliance Hearing to appear at the next available Compliance Hearing date. The capias shall be recalled and the person will be released on an unsecured bond. Upon arrest pursuant to an FTA warranta capias, the defendant should be brought directly to Municipal Court instead of being taken promptly escorted to the Xxxxxxxx County Adult Detention Center. At that time, the Court will have the defendant complete an Affidavit of Indigence (Form Three) to determine whether the defendant is entitled to court-appointed counsel at no cost. On traffic tickets and other misdemeanor charges that will be fine only, if a defendant is arrested on a weekend, weekday night, holiday, or any other time when Court is not in session, the arresting officer will contact a Biloxi Municipal Court Judge by telephone before transporting for a determination as to whether counsel is required and a Compliance Hearing pursuant to the defendant procedures described above and in the Bench Card. If a judge is not immediately available to Xxxxxxxx County Adult Detention Centerconduct a Compliance Hearing, at which time the Judge will authorize release of the defendant on his or her own recognizance until the next Biloxi Municipal Court plea or hearing dateon- duty bond officer shall issue an unsecured bond. FORM ONE BILOXI MUNICIPAL COURT ORDER SETTING COMPLIANCE HEARING 000 Xxxxxx Xxxxxx, Public Safety Building, First Floor, Biloxi, MS 39530 CASE NUMBER: DEFENDANT NAME: COMPLIANCE HEARING DATE: TOTAL BALANCE DUE: Fines: State Assessments: Fees: Court Costs: Restitution: PAYMENT PLAN SCHEDULE: TOTAL COMMUNITY SERVICE HOURS REQUIRED AND COMPLETION DATE: OTHER OR PROGRAM HOURS REQUIRED AND COMPLETION DATEREQUIRED: You have been charged with YOU ARE HEREBY ORDERED to appear before the failure Biloxi Municipal Court at 9:00 o'clock a.m., on the day of , 20 , to pay and/or the failure to explain why you did not pay, complete community service and/or an approved program as required by the Biloxi Municipal Court.. You MUST appear on the date set forth above, if you have not responded before then. The Court will NOT put you in jail if you appear and are NOT ABLE TO PAY. FAILURE TO APPEAR may result in your arrest and a finding of contempt of Court. At the hearing, you may ask the judge to appoint a free lawyer to help you. If you cannot afford a lawyer, the judge will appoint a free lawyer to help you. Please see the attached list of your rights and obligations. Biloxi Municipal Court Judge IT IS YOUR DUTY AND RESPONSIBILITY TO NOTIFY IMMEDIATELY THE MUNICIPAL COURT OF ANY CHANGE IN YOUR ADDRESS. Attachments: Form Two: Advisement of Rights Regarding Payments and Community Service Form Three: Notice of Change of Address

Appears in 1 contract

Samples: Stipulated Settlement Agreement and Retention of Jurisdiction

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