• 2004 - Failure to Appear After Release
  • K-14.05
    • Escape
    • Failure To Appear
    • Flight
    • Public Crimes
    • Public Crimes

  • A person who, after having been released upon condition or undertaking that the person will appear before a court or judicial officer, willfully fails to appear as required, is guilty of Failure to Appear After Release.

     

    ESSENTIAL ELEMENTS OF OFFENSE

     

    The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

     

    1) On or about [month] [day] [year], in [County], North Dakota;

     

    2) The Defendant, _______________, having been released upon condition or undertaking that the Defendant would subsequently appear before [the Court] [_______________ , a judicial officer];

     

    3) Willfully failed to subsequently appear before the [Court] [judicial officer] as required[.] [; and] [

     

    4) [The Defendant, _______________, [was awaiting sentence] [had an appeal pending after conviction of a crime, namely,__________________]] [The crime (felony) of ______________was pending against the Defendant, _______________].]

     

    DEFINITIONS [Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]


    *****

    • 12.1-08-05
  • Notes: If the Defendant was released upon a misdemeanor charge and has not been convicted, the offense is a class A misdemeanor. The offense is a class C felony if the person was released in connection with a charge of felony or while awaiting sentence or pending appeal after conviction of a crime.