 |
4.4-1 Failure to Appear (While Released on Bail or a Promise to Appear) -- § 53a-172 (a) (1) and § 53a-173 (a) (1)
Revised to December 1, 2007
Note: The degree of the offense depends on the classification of the underlying crime. See § 53a-172 (first degree: felony); § 53a-173 (second degree: misdemeanor or motor vehicle violation which a sentence of a term of imprisonment may be imposed).
The defendant is charged [in count ___] with failure to appear in the (first/second) degree. The statute defining this offense reads in pertinent part as follows:
a person is guilty of failure to appear in the (first / second) degree when while charged with the commission of a (felony / misdemeanor / motor vehicle violation which a sentence to a term of imprisonment may be imposed) and while out on bail or released under other procedure of law, (he/she) wilfully fails to appear when legally called according to the terms of (his/her) bail bond or promise to appear.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Released on bail or
promise to appear
The first element is that the
defendant was released on (bail / a promise to appear) upon the condition that
(he/she) appear personally in connection with (his/her) criminal proceeding at a
later date. The statute requires that the crime with which the defendant was
charged when (he/she) was released must be a (felony / misdemeanor / motor
vehicle violation for which a sentence of a term of imprisonment may be
imposed).
I instruct you, as a matter of law, that <insert underlying charge> is a
(felony / misdemeanor / motor vehicle violation which a sentence of a term of
imprisonment may be imposed).
Element 2 - Duty to appear
The second element is that on <insert
date>, the defendant was required to appear before (a court / judicial
officer) in connection with the charge of <insert underlying charge>.
Element 3 - Failure to appear
The third element is that the
defendant wilfully failed to appear as required. An act is done wilfully if
done knowingly, intentionally, and deliberately. In order to prove this
element, the state must prove beyond a reasonable doubt either that the
defendant received and knowingly, intentionally, and deliberately ignored a
notice to appear or that the defendant knowingly, intentionally, and
deliberately embarked on a course of conduct designed to prevent (him/her) from
receiving such notice.1 <See
Knowledge, Instruction 2.3-3.>
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant was released on (bail / a promise to appear) on the condition that (he/she) appear personally in connection with (his/her) criminal proceeding at a later date, 2) (he/she) was required to appear in court on <insert date>, and 3) (he/she) wilfully failed to appear on that date.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
failure to appear, then you shall find the defendant guilty. On the other hand,
if you unanimously find that the state has failed to prove beyond a reasonable
doubt any of the elements, you shall then find the defendant not guilty.
_______________________________________________________
1 State v. Cerilli, 222 Conn. 556, 583-84 (1992)
Commentary
Multiple charges
"[C]onduct resulting in the
forfeiture of multiple bonds, even conduct consisting of a single act of failing
to appear, furnishes a basis for finding multiple violations of § 53a-172."
State v. Garvin, 242 Conn. 296, 305 (1997) (discussing the purpose of the
statute as protecting the integrity of the bail bond system). Note that the
subsection concerning failure to appear while on probation was added in 1998.
See State v. Khadijah, 98
Conn. App. 409 (2006), appeal dismissed, 284 Conn. 429 (2007) (failure to appear
was not wilful).