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Previous PageFile uploaded: 6/10/2020

Rule4-701.? Failure toAppear.



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



This rule shall apply to cases inwhich the defendant?s appearance is not required.


Statementof the Rule:

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


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


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


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


(4)(A)? The court shall not issue an Order forDetention.


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


EffectiveMay 12, 2020