(a) A person is guilty of failure to appear in the first degree when (1) while charged with the commission of a felony and while out on bail or released under other procedure of law, such person wilfully fails to appear when legally called according to the terms of such person's bail bond or promise to appear, or (2) while on probation for conviction of a felony, such person wilfully fails to appear when legally called for any court hearing relating to a violation of such probation.
(b) Failure to appear in the first degree is a class D felony.
(1969, P.A. 828, S. 174; P.A. 92-260, S. 64; P.A. 98-26, S. 1; P.A. 10-180, S. 1.)
History: P.A. 92-260 made technical changes in Subsec. (a) by repositioning and rephrasing language; P.A. 98-26 added Subsec. (a)(2) re failure to appear for a violation of probation hearing; P.A. 10-180 amended Subsec. (a) to replace in Subdiv. (2) “a violation of probation hearing” with “any court hearing relating to a violation of such probation” and make technical changes.
Cited. 176 C. 421; 221 C. 407; 222 C. 556; 223 C. 283; 227 C. 829; 229 C. 285; Id., 529; 236 C. 112; 242 C. 296.
Cited. 4 CA 154; 6 CA 402; 12 CA 621; 13 CA 413; 17 CA 556; 20 CA 205; 24 CA 316; 25 CA 575; 27 CA 279; 29 CA 801; judgment reversed, see 229 C. 285; 30 CA 9; Id., 190; 34 CA 191; 36 CA 691; 37 CA 437; 39 CA 816; 41 CA 47; 43 CA 142; Id., 552. In order to prove the wilful element, state must prove beyond a reasonable doubt either that defendant received and deliberately ignored a notice to appear or that he intentionally embarked on a course of conduct designed to prevent him from receiving such notice. 108 CA 772.
Notes of Decisions
Cited in
123
cases (
6 in the last 5 years), 1979–2026 · leading case:
State v. Garvin, 699 A.2d 921 (Conn. 1997).
State v. Garvin, 699 A.2d 921 (Conn. 1997).
· cites it 22× “The principal issue in this certified appeal is whether, under General Statutes § 53a-172, 1 multiple convictions for failure to appear arising out of the forfeiture of multiple separate bail bonds violate the constitutional prohibition against double jeopardy.”
State v. Hedge, 1 A.3d 1051 (Conn. 2010).
· cites it 7× “o sell by a person who is not drug dependent in violation of General Statutes § 21a-278 (b), 1 unlawfully transporting cocaine and heroin with intent to sell within 1500 feet of a public housing project in violation of General Statutes § 21a-278a (b), possession of cocaine in…”
State v. Garvin, 682 A.2d 562 (Conn. App. Ct. 1996).
· cites it 19× “The issues on appeal are (1) whether the defendant’s conviction on two counts of failure to appear in violation of General Statutes § 53a-172 violated his federal constitutional right to be free of double jeopardy and (2) whether the trial court had an affirmative obligation to…”
State v. Gibson, 969 A.2d 784 (Conn. App. Ct. 2009).
· cites it 14× “Gibson, appeals from the judgment of conviction, rendered after a jury trial, of failure to appear in the first degree in violation of General Statutes § 53a-172 (a)(1) and the judgment of the trial court, rendered following a hearing, revoking his probation pursuant to General…”
Statewide Grievance Comm. v. Whitney, 633 A.2d 296 (Conn. 1993).
· cites it 9× “In this appeal from the judgment of the trial *831 court imposing suspension, the defendant claims that: (1) the practice of scheduling mandatory pretrial conferences in criminal matters is unconstitutional under the state and federal constitutions; (2) General Statutes §§…”
State v. Clark, 764 A.2d 1251 (Conn. 2001).
· cites it 4× “The state charged the defendant, Mark Clark, with possession of narcotics with intent to sell in violation of General Statutes § 21a-278 (b), 4 possession of narcotics with intent to sell within 1500 feet of a school in violation of General Statutes § 21a-278a (b), 5 and failure…”
State v. Pauling, 925 A.2d 1200 (Conn. App. Ct. 2007).
· cites it 6× “The defendant, Anthony Pauling, appeals from the judgment of conviction rendered after a jury trial, of unlawful restraint in the first degree in violation of General Statutes § 53a-95 (a), assault in the third degree in violation of General Statutes § 53a-61 (a) (1), failure to…”
State v. Cassidy, 672 A.2d 899 (Conn. 1996).
· cites it 6× “A jury found the defendant, Stephen Cassidy, guilty of the crimes of kidnapping in the first degree in violation of General Statutes § 53a-92, robbery in the first degree in violation of General Statutes § 53a-134, unlawful restraint in the first degree in violation of General…”
State v. Turmon, 641 A.2d 138 (Conn. App. Ct. 1994).
· cites it 15× “The defendant appeals from the judgment of conviction, rendered after a jury trial, of two counts of failure to appear in the first degree 1 in violation of General Statutes § 53a-172 (a). 2 He claims that the trial court improperly (1) held that the evidence was suffi *193…”
State v. Khadijah, 909 A.2d 65 (Conn. App. Ct. 2006).
· cites it 10× “The defendant, Ayanna Khadijah, appeals from the judgment of conviction, rendered after the jury found her guilty of the crime of failure to appear in the first degree in violation of General Statutes § 53a-172. 1 She principally argues that there was insufficient *411 evidence…”
State v. Candito, 493 A.2d 250 (Conn. App. Ct. 1985).
· cites it 8× “The defendant appeals from a judgment of the trial court, rendered after a jury found him guilty of the crime of failure to appear in violation of General Statutes § 53a-172. 1 On May 25, 1982, the defendant pleaded guilty to five felony charges for which the court scheduled…”
State v. Cerilli, 610 A.2d 1130 (Conn. 1992).
· cites it 6× “gree in violation of General Statutes § 53a-92 (a) (2) (A), sexual assault in the first degree in violation of General Statutes § 53a-70, attempt to commit sexual assault in the first degree in violation of General Statutes §§ 53a-70 and 53a-49 (a) (2), risk of injury to a child…”
— Conn. Gen. Stat. § 53a-172(a) — 1 case
— Conn. Gen. Stat. § 53a-172(a)(1) — 3 cases
— Conn. Gen. Stat. § 53a-172(a)(l) — 1 case
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