Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE / CHAPTER 5C. Citations for Misdemeanors
California Codes

Cal. Penal Code § 853.7 (2026)

Citations for Misdemeanors

✓ current as of May 2026
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Any person who willfully violates his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested.

Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 1988–2024 · leading case: People v. Rottanak K., 37 Cal. App. 4th 260 (Cal. Ct. App. 1995).
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People v. Rottanak K., 37 Cal. App. 4th 260 (Cal. Ct. App. 1995). · cites it 2× “(Pen. Code, § 853.7.) When an adult is arrested for a misdemeanor and does not demand to be taken before a magistrate, he or she must be released once the arresting officer has prepared a written notice to appear in court and the arrestee has given a written promise to appear as…”
People v. Madden, 206 Cal. App. Supp. 3d 14 (Cal. App. Dep’t Super. Ct. 1988). · cites it 3× “Code, § 4149) and failing to appear in court as promised (Pen. Code, § 853.7), both misdemeanors. He contends the police searched his body, where they found the hypodermic syringe, without his consent; the trial court erred in allowing the People to amend the complaint to allege…”
People v. Buchanan (Cal. Ct. App. 2022). “’ (Pen. Code, §§ 853.7 and 1320.)” The practical reality that courts may be unequipped to track failures to appear on citations not filed with the court by the appearance date does nothing to address the restraint that is “ ‘the disruption of life caused by arrest and the…”
People v. Eldridge CA3 (Cal. Ct. App. 2023). “19CM07770 (FTA case), defendant pleaded guilty to misdemeanor failure to appear (Pen. Code, § 853.7).1 In exchange for the guilty pleas, the remaining four cases were dismissed with waiver pursuant to People v.”
Jeffrey Pierce Henderson v. Alejandro Villanueva (C.D. Cal. 2021). “24 Penal Code § 853.7). (Pet. at 2.) Petitioner has not yet been convicted, and these charges 25 are still pending.”
Romero-Salas v. Barr (S.D. Cal. 2020). “He admits, 13 In 2007, he was convicted of violating Cal. Penal Code § 853.7 (“Violation of 14 promise to appear as misdemeanor”) and sentenced to probation.”
Gutierrez v. City of Antioch (N.D. Cal. 2024). “6 Because leave to amend is being granted, Plaintiffs are admonished to more fully explain their 7 causes of action with sufficient detail to give fair notice of the claims and their grounds. 8 2. The State Law Claims 9 The Complaint also alleges claims under California state…”
P. v. Chaira CA4/2 (Cal. Ct. App. 2013). “(a)); and failure to appear (Pen. Code, § 853.7). That year, he also violated probation.”
People v. Duncantell CA4/2 (Cal. Ct. App. 2015). “(b); Pen. Code, § 853.7); possession of marijuana for sale (Health & Saf.”
People v. Peterson CA5 (Cal. Ct. App. 2015). “(a)), and two counts of misdemeanor failing to appear (counts 5 & 6/Pen. Code, § 853.7). The jury also found true an on-bail enhancement in count 12.”
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