Failure to Appear, Bail Jumping, and Ankle-Monitor Tampering in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What the State Must Prove

Failure to Appear (Fla. Std. Jury Instr. (Crim.) 29.18; Elements page): you were released under Florida's bail statute (Chapter 903) on a felony or misdemeanor charge, while awaiting sentencing, or pending certiorari review; and you then willfully failed to appear as required before a court or judicial officer.

Tampering with an Electronic Monitoring Device (Instr. 21.20; Elements page): a court or the Florida Commission on Offender Review ordered a person to wear or use the device; you intentionally removed, destroyed, altered, tampered with, damaged, or acted to get around it, or asked, authorized, or solicited someone else to; and you had no authority to do so.

Degrees and Penalties

Failure to appear (s. 843.15):

• Released on a felony charge, while awaiting sentence, or pending certiorari review: third-degree felony (up to 5 years in prison and a $5,000 fine).
• Released on a misdemeanor charge: first-degree misdemeanor (up to 1 year in jail and a $1,000 fine).
• In addition, the person forfeits any security given or pledged for the release.

Ankle-monitor tampering (s. 843.23, as amended effective October 1, 2025):

• Underlying misdemeanor or third-degree felony: third-degree felony (up to 5 years and a $5,000 fine).
• If the person who tampers is under 18: third-degree felony, whatever the underlying case.
• Underlying second-degree felony: second-degree felony (up to 15 years and a $10,000 fine).
• Underlying first-degree felony, first-degree felony punishable by up to life, life felony, or capital felony: first-degree felony (up to 30 years and a $10,000 fine, under Florida's general penalty statutes).
• If you are on pretrial release, the court must revoke it. A new bond requires a written finding that conditions can protect the community, ensure your appearance, and protect the process.

Federal Bail Jumping

In federal court, it is a crime to knowingly fail to appear as required, or fail to surrender to serve a sentence, after release under the federal bail law (18 U.S.C. s. 3146; 11th Cir. Pattern Instr. O94, Elements page). The maximum tracks the original charge, from up to 1 year (misdemeanor) to up to 10 years (an offense punishable by death, life, or 15 years or more), and runs consecutive to any other sentence. The statute gives an affirmative defense when uncontrollable circumstances, which the person did not recklessly help create, prevented the appearance, and the person appeared as soon as they ended.

Common Situations

• A court notice sent to an old address, or a hospital stay on the court date.
• An ankle monitor that lost signal, died, or was cut off by someone else.

Defense Themes

• Willful or knowing. A mistake about the date, or a notice you never received, is not the same as choosing not to come.
• Monitor data. Equipment records may show a malfunction, not intentional tampering.
• Authority. Was the removal approved, for example for medical care?

What to Do First

1. Do not wait for the warrant to find you. See Turning Yourself In.
2. Gather proof of why you missed court, such as hospital or jail records.
3. Do not touch the monitor. If it malfunctions, report it the way your program requires and keep a record.
4. Call us about the warrant and bond. See Bond & Nebbia Hearings and, if you are on probation, Probation Violations.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

I missed court by accident. Will I be charged with a new crime?

The Florida crime requires a willful failure. An honest mistake can be a defense, but a warrant can still issue, so act fast.

Will I lose the bond money?

The statute provides for forfeiture of the security given for release. Acting quickly gives the defense the best chance to address it.

What if my monitor just stopped working?

The State must prove an intentional act. Equipment records and your own reports of the problem matter.