Failure To Appear
Legal Definition
A person commits failure to appear when, having been released from custody on a criminal charge or having been served with a summons or citation requiring appearance, they intentionally fail to appear before any court or judicial officer as required. The offense applies to both felony and misdemeanor charges and includes failure to appear for arraignment, trial, sentencing, or any other court proceeding for which the person received notice and was legally obligated to attend.
Possible Punishment
If the underlying charge was a misdemeanor, failure to appear is a misdemeanor punishable by up to 364 days in county jail and a fine up to $1,000. If the underlying charge was a felony, failure to appear is a fourth degree felony with a basic sentence of 18 months imprisonment and a fine up to $5,000. The sentence for failure to appear runs consecutively to any sentence imposed for the underlying offense.
Local Context
This offense is distinct from bail jumping and applies regardless of whether the defendant was released on bond, personal recognizance, or summons. Courts may issue a bench warrant upon failure to appear. The classification mirrors the severity of the underlying charge that required the defendant's appearance.
Public-Order Cases in Doña Ana County
Disorderly conduct, resisting or obstructing an officer, and giving false identification are classic add-on charges: they frequently ride along with something else in a booking rather than standing alone. Most are petty misdemeanors, the lowest tier of New Mexico offenses, with maximum exposure measured in months rather than years.
Because these charges often arise from chaotic street encounters, how a person behaves during the arrest matters enormously. Resisting is a separate crime even when the underlying stop goes nowhere, which is why knowing your rights, and asserting them calmly, is the practical advice every attorney gives.
Related Guides
Your Rights When Arrested in New Mexico: Silence, Searches, and Counsel
What Miranda actually requires, when you must identify yourself, search consent rules, and why you should never resist arrest or talk on recorded jail calls.
Misdemeanor vs. Felony in New Mexico: Sentences, Courts, and Consequences
How New Mexico separates petty misdemeanors, misdemeanors, and felony degrees: sentence ranges, jail vs. prison, habitual enhancements, and collateral costs.
Recent Arrests for This Charge (30)

Las Cruces Woman, 18, Booked on Misdemeanor Failure to Appear Charge
LESLI DELGADO | 1 charge

Las Cruces Woman, 24, Booked on Felony Failure to Appear Warrant
PRECIOUS NUNEZ | 1 charge

Mesilla Man, 25, Booked in Doña Ana County on Failure to Appear Charge
ANTONIO REYES | 1 charge

Las Cruces Man, 28, Booked on Criminal Trespass and Failure to Appear Charges
DEVIN ROBINSON | 1 charge

Las Cruces Man, 23, Booked on Misdemeanor Failure to Appear Charge
LANDAN GUNTER | 1 charge

Las Cruces Man, 49, Booked on Felony and Misdemeanor Failure to Appear Charges
JAMES SPANGLER | 3 charges

Las Cruces Man, 31, Booked on Two Counts of Failure to Appear
ANTHONY DURAN | 2 charges

Las Cruces Man, 39, Booked on Multiple Counts of Failure to Appear
CHRISTOPHER VALDEZ | 7 charges

Las Cruces Man, 24, Booked on Multiple Counts of Failure to Appear
ANTHONY LOPEZ | 5 charges

Las Cruces Man, 42, Booked on Multiple Failure to Appear Charges
PEDRO ALCANTAR | 2 charges

Mesquite Man, 43, Booked on Felony Failure to Appear Charge
GERARDO DE LA TORRE | 1 charge

Las Cruces Man, 31, Booked on Felony Drug Possession and Multiple Warrants
CARLOS ESCOBEDO | 4 charges

Las Cruces Woman, 29, Booked on Felony Warrant for Failure to Appear
LORENA MARIN | 5 charges

Las Cruces Woman, 54, Booked on Felony Failure to Appear Charge
SHARITA WARD | 1 charge

Las Cruces Man, 41, Booked on Multiple Failure to Appear Warrants
JOSEPH BENAVIDEZ | 2 charges

Las Cruces Man, 63, Booked for Violating Domestic Violence Order
MARTIN LOPEZ | 3 charges

Las Cruces Man, 53, Booked in Connection with Fatal Stabbing Investigation
WILLIAM TURNER | 1 charge

Mexico Man, 31, Booked in Doña Ana County for Failure to Appear
OSCAR SALAS NUNEZ | 1 charge

Las Cruces Man, 29, Booked on Misdemeanor Failure to Appear Charge
LUIS CONTRERAS | 1 charge

Las Cruces Man, 50, Booked on Multiple Counts of Failure to Appear
DAVID LEHMAN | 4 charges

Las Cruces Man, 37, Booked on Criminal Trespass and Multiple Warrants
JONATHAN THOMAS | 7 charges

Man, 41, Charged with Failure to Appear in Doña Ana County
MANUEL MARQUEZ | 1 charge

Las Cruces Man, 37, Booked on Felony Failure to Appear Charge
RAFAEL REDE | 1 charge

Chaparral Man, 59, Booked on Misdemeanor Failure to Appear Charge
JAVIER SALDIVAR | 1 charge

Las Cruces Man, 50, Booked on Felony Failure to Appear and Outside Warrant
JOSEPH TRUJILLO | 2 charges

Las Cruces Woman, 45, Booked on Felony Failure to Appear Charge
KRISTIN CURLEY | 1 charge

Las Cruces Man, 30, Booked for Failure to Appear at International Crossing
JAVIER PONCE RIVAS | 2 charges

Olathe, Co Man, 50, Booked on Criminal Trespass Charge in Las Cruces
MICHAEL SICOTTE | 2 charges

Las Cruces Man, 44, Booked on Multiple Counts of Failure to Appear
ROBERT THOMPSON | 4 charges

Las Cruces Man, 44, Booked on Felony and Misdemeanor Failure to Appear Charges
ANDRES CALDERON | 7 charges
Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.