Polk County (trfnews.i234.me) An East Grand Forks man is facing a felony charge after prosecutors say he failed to appear for a scheduled court hearing in Crookston.
According to a criminal complaint, Evans Eliut Garcia, 27, was charged in Polk County with felony failure to appear for court. The complaint says Garcia missed a required court appearance on or about September 19, 2017.
Prosecutors say Garcia had already been charged in an earlier felony case. Court records in the complaint say one of his release conditions required him to attend all future hearings.
What The Complaint Says
The complaint states Garcia first appeared in Polk County District Court on February 21, 2017. In that earlier case, he faced four charges. One charge was third-degree controlled substance crime.
The complaint says Garcia was clearly warned. It says he was told that missing court could lead to a new criminal charge. It also says his release order required him to return for all future hearings.
Authorities allege Garcia did not appear for a pre-trial hearing at the Polk County Justice Center in Crookston on September 19, 2017. A warrant was then approved for his arrest.
The complaint says the warrant was briefly delayed until September 21, 2017. That delay was meant to give Garcia’s attorney time to secure his appearance. Prosecutors say Garcia still did not return to court. The warrant was then issued.
Possible Penalty
The charge filed in this case is a felony under Minnesota law. The complaint lists a maximum penalty of 10 years in prison, a $125,000 fine, or both.
Prosecutors also gave notice that they may seek a harsher sentence if Garcia is convicted. The complaint points to repeated probation violations and other missed court appearances in pending cases.
Case Status
A criminal complaint contains allegations. It is not a conviction. The case would be handled through Polk County District Court. The charge is tied to Minnesota’s failure-to-appear law, found under Minnesota Statute 609.49.
General information about the county’s law enforcement office is available through the Polk County Sheriff’s Office.
I’m Chris Harper reporting for TRF News.