California Penal Code §853.7 — Failure to Appear on Written Promise
Willful failure to appear in court after signing a written promise to appear pursuant to §853.6 (citation release) — misdemeanor punishable by up to 6 months county jail plus $1,000 fine.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Failure to Appear on Written Promise Cases in All LA County Courts
01 — Quick Facts
PC §853.7 — Failure to Appear on Written Promise at a Glance
| Fact | Detail |
|---|---|
| Code | PC §853.7 |
| Classification | Misdemeanor |
| Sentence | Up to 6 mo county jail + $1,000 fine |
| Contempt | Concurrent §166 exposure |
| Strike | No |
| Underlying Charge | Independent — §853.7 is a separate charge |
01 — What Is PC §853.7?
What Is California Penal Code §853.7?
PC §853.7 Reads:
"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."
— Penal Code §853.7
PC §853.7 punishes willful failure to appear in court after signing a §853.6 written promise to appear (the citation form issued in lieu of arrest). Unlike PC §1320 (FTA on own recognizance) and §1320.5 (FTA on bail), §853.7 applies to defendants who were cited and released rather than booked.
§853.7 vs §1320 vs §1320.5
§853.7 = citation release (§853.6 written promise). §1320 = O.R. release. §1320.5 = bail release. Each is separately chargeable.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §853.7
The prosecution must prove:
Written Promise to Appear
Defendant signed a §853.6 written promise to appear in court.
Willful Failure to Appear
Defendant willfully failed to appear on the scheduled date.
Notice
Defendant received actual notice of the appearance date.
04 — Penalties
Penalties for PC §853.7 Failure to Appear on Written Promise in California
§853.7 is a misdemeanor charged independently of the underlying citation.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §853.7 — Base | PC §853.7 | Up to 6 mo county jail + $1,000 fine | Available | No |
| Concurrent §166 (Contempt) | PC §166 | Up to 6 mo county jail — parallel | Available | No |
| Underlying Citation Bench Warrant | PC §978.5 | Bench warrant issued on underlying case | N/A | N/A |
Related Consequences
Bench Warrant
PC §978.5
Bench warrant issues immediately upon failure to appear.
License Suspension
VC §40509
For traffic citations, DMV suspends license under §40509 hold.
Bail Enhancement
PC §1275
Bail on new case will reflect FTA history.
Own Recognizance Denial
PC §1270
Prior FTA disqualifies for O.R. release on future cases.
Collateral Consequences
- DMV license suspension for traffic citations (VC §40509)
- Bench warrant with statewide extradition
- Bail-schedule enhancement on future cases (PC §1275)
- O.R. release ineligibility (§1270)
- Immigration bond impact
- Fee assessment and civil-collection referral
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §853.7 Failure to Appear on Written Promise Charges
§853.7 requires willfulness — attack the intent element.
No Willfulness
Hospitalization, family emergency, address change, or genuine forgetfulness may negate willful intent.
Intent
No Notice
Defective mailing, address change on file, or continuance notification failure.
Notice
Citation Defect
Illegible signature, incorrect date, or §853.6 procedural defects.
Citation
Prompt Self-Surrender
Voluntary appearance and recall of warrant support dismissal or reduced sentence.
Cure
Traffic School / Cure
For eligible traffic citations, completion of traffic school and payment may cure the FTA.
Traffic
Underlying Dismissal
Even if underlying charge is dismissed, §853.7 remains chargeable — but favorable underlying resolution supports mitigation.
Mitigation
Constitutional Sources
07 — Court Process
How PC §853.7 Failure to Appear on Written Promise Cases Move Through Los Angeles Courts
§853.7 cases begin with an FTA bench warrant.
- 1
Step 1 — Missed Appearance
Court issues bench warrant when defendant fails to appear on the scheduled date.
- 2
Step 2 — Arrest or Self-Surrender
Defendant is arrested on warrant or voluntarily self-surrenders.
- 3
Step 3 — Filing
DA files §853.7 as separate misdemeanor charge alongside underlying case.
- 4
Step 4 — Arraignment
Not-guilty plea; bail motion; combined calendar with underlying case.
- 5
Step 5 — Pretrial
Negotiation for warrant recall and §853.7 dismissal on cure/mitigation.
- 6
Step 6 — Trial or Plea
Most §853.7 cases resolve with fine and probation.
Los Angeles Courts That Handle PC §853.7 Failure to Appear on Written Promise Cases
§853.7 cases are handled in LA County misdemeanor calendars.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Failure to Appear on Written Promise Defense Attorney
Daniel S. Rubin has defended clients charged with failure to appear on written promise and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §853.7 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Failure to Appear on Written Promise Cases Throughout LA County
See our full Failure to Appear on Written Promise defense practice
09 — FAQs
PC §853.7 Failure to Appear on Written Promise Questions — Los Angeles
What is PC §853.7?
California's failure-to-appear-on-citation statute. Willful failure to appear after signing a §853.6 written promise to appear is a misdemeanor punishable by up to 6 months jail plus $1,000 fine.
How is §853.7 different from §1320?
§853.7 applies to citation release (signed §853.6 written promise). §1320 applies to O.R. release. §1320.5 applies to bail release. Each is separately chargeable based on the release mechanism.
Is §853.7 a strike?
No — §853.7 is not listed under §667.5(c) or §1192.7(c).
Can §853.7 be dismissed if I self-surrender?
Voluntary self-surrender substantially improves negotiating position. Many courts will dismiss §853.7 in the interests of justice when defendant appears promptly with valid excuse. Not automatic.
Does §853.7 affect my driver's license?
Yes — for traffic-related citations, VC §40509 authorizes DMV suspension until the underlying case is cleared. §853.7 conviction creates additional record impact.
What if the underlying charge was dismissed?
§853.7 remains chargeable regardless of the underlying-charge disposition per the statute's plain text. However, favorable underlying resolution supports mitigation and reduced sentence.
Available 24/7 — Free Consultation
Facing PC §853.7 Failure to Appear?
Bench warrant with statewide extradition. Rubin Law, P.C. arranges self-surrender and pursues dismissal. Free consult (213) 723-2337.