11th Cir. Pattern Jury Instr. (Criminal) O94

18 U.S.C. § 3146

It’s a Federal crime for anyone who has been released on bail from this

Court to knowingly fail to [appear when required to do so] [surrender to serve a

sentence under court order].

The Defendant can be found guilty of this crime only if all the following

facts are proved beyond a reasonable doubt:

(1) the Defendant was released on bail by order of a judge or

magistrate of this court;

(2) after being released, the Defendant knowingly failed to [appear

before a judge or magistrate of this court as required] [surrender to

serve a sentence under a court order]; and

(3) the Defendant was charged with a crime punishable by a term of

[state maximum punishment applicable in charged offense] when

released on bail.

The Defendant should be excused from Failure to Appear if he proves by a

preponderance of the evidence:

• uncontrollable circumstances prevented the Defendant from

appearing in court;

• the Defendant didn’t create the circumstances or contribute to their

creation in reckless disregard of the requirement to appear; and

• the Defendant appeared as soon as the circumstances ceased to

exist.

A preponderance of the evidence is enough evidence to persuade you that

the Defendant’s claim is more likely true than not true.