04 Feb What is “Failure to Comply” in Arizona?
What does failure to comply mean exactly? Failure to comply can be a bit confusing, and this is because it can mean a few different things.
In some instances, failure to comply can mean not resolving an issued citation like a parking ticket.
In Arizona, if you’re found guilty of this, the state can appoint you with court proceedings and possible sanctions for non-compliance.
What does failure to comply mean?
On a very basic level, it means failing to follow rules.
It’s more complicated than that, however.
Knowing the repercussions of non-compliance could end up helping you.
Failure to comply could mean:
- Failure to respond to a citation
- Failure to pay a fine
- Failure to comply with orders
- example: failure to appear in court
- example: refusing to follow an officer’s orders
4. Failure to meet the requirements of a safety hazard
Consequences of Failing to Comply
- In Arizona, if you fail to comply with the payment schedule of a traffic charge, and the court determines you were non-compliant, you may be prevented from collecting lottery winnings or tax refunds.
- You may also be prevented from re-registering your vehicle(s).
- If fines are not settled for an extended period of time, the court will send your account to outside debt collectors and report it to a credit bureau.
- All of this will have a negative impact on your credit score.
Is there jail time for a failure to comply charge?
Class 5 Felony
If you fail to show up in court for criminal proceedings connected to a felony, you are guilty of “failure to appear in the first degree” and can be charged with a class five felony. This could extend your time in prison, if you are sentenced. A class five felony has a standard sentence of 1.5 to 2.5 years.
Class 1 Misdemeanor
A class 1 misdemeanor charge could be given for “failure to appear in the second degree” when you are required by law to appear in court for a misdemeanor or petty offense case and there is failure to comply.
Class 2 Misdemeanor
Failure to comply with a police officer’s lawful orders can be considered a class 2 misdemeanor. For failure to comply with a written notice to appear in court, the charge is a class 2 misdemeanor. A class 2 misdemeanor can come with up to four months of jail time.
In regards to family law cases, if you have been ordered to appear in court and don’t show up, you could be arrested and held in jail for 24 hours before seeing a judge. You do have some defense to this! If the failure to comply with court orders was accidental, or outside of your control, you can present testimony and evidence to the court.
For a Strong Defense, Call Todd Coolidge
If you need help in court with a traffic offense, felony, or misdemeanor charge, Todd Coolidge is there for you.
Serving the greater Phoenix area, Mr. Coolidge has assisted many Arizona residents.
One client said of him, “I thank the Lord for Todd. It was such a boost in confidence and comfort walking into court thinking, this guy is with me!”
Photo by: dwightsghost, CC BY 2.0 | used under creative commons license | commercial use | (01/29/2021) via Wikimedia Commons