If the police arrest and detain you for committing an offense, you can be set free upon posting bail while your case is pending trial. However, you must agree to show up for all scheduled court dates as a condition of your release. Missing court has severe consequences, which is why attending all appearances is so important. Attending scheduled court dates shows the judge that you are committed. However, all is not lost if you miss a court date, especially for a reason beyond your control. You can seek the services of a skilled criminal defense attorney to convince the court that you did not miss the hearing on purpose.
The Importance Of Court Appearances
Facing legal proceedings can be stressful. However, attending scheduled court dates is essential. You could face severe repercussions if you fail to attend all your court dates. This can hurt your rights, the outcome of your case, and even your freedom. The following are the reasons why it is vital to show up for your court hearings:
Work Effectively With Your Attorney
A criminal defense attorney will represent you in your criminal case, but can only represent you effectively if you participate as required. You will be current with your criminal case if you attend the hearings. This will give a chance to offer the input needed to make your defense solid.
Avoid Consequences Of Missed Court Dates
In civil cases, failing to appear can result in a default judgment, meaning the other party may automatically win. Your accuser can win the case automatically. If this happens, you could face financial penalties, loss of property, or other severe repercussions. Showing up for court hearings gives you an opportunity to fight the allegations against you and assert your rights.
Showing Responsibility
The importance of court appearances cannot be overstated. Courts often take showing up for hearings seriously. You will prove that you have respect for the legal process if you consistently attend your court hearings. This can positively impact the judge’s perception when considering sentencing or a case ruling.
Protecting Your Legal Rights
Attending scheduled court dates allows you to present your side of the story, respond to the allegations against you, and work with your attorney to develop a solid defense. The judge can rule without your input if you fail to honor your court dates. This could, in turn, worsen the consequences of your charges.
Avoiding Warrants And Penalties
One of the consequences of missing court is the issuance of a bench warrant for your arrest. This can result in additional legal charges, fines, and even jail time. Attending your court hearings will help you stay in compliance with court orders. It will also help you to avoid unnecessary complications.
Consequences Of Missing Court Dates
The judge can order the following if you miss court dates:
Driver’s License Suspension
Your driver’s license may be suspended if you miss a required court hearing, particularly in cases involving DUI or traffic violations. The court can issue a warrant for your arrest and inform the Department of Motor Vehicles (DMV) of the warrant. You could receive a letter from the DMV giving you two months to resolve your ticket before the DMV suspends your driver’s license.
Severe Penalty
The court will determine your sentence if you are convicted of an offense or enter a plea agreement. While ruling, the judge can consider your remorse or lack thereof. The judge can consider failing to attend your court dates as disrespect for the court or a lack of remorse. This could attract a harsher sentence.
Separate Criminal Charge
You will face contempt of court charges or another offense for missing your court dates, and face an extra punishment if convicted.
Bail Bond Revocation
The court can revoke your bail and return you to custody until your case is tried. Additionally, your initial bail will be forfeited.
Bench Warrant
You can face a warrant of arrest if you fail to attend your court hearings. This will happen if you are charged with a misdemeanor or felony. The judge can also issue an arrest warrant against you if you are required to go to court for violating traffic laws. The law enforcement will actively pursue you if you commit a serious offense. The officers can arrest you at your workplace or home. You might not be re-arrested if you are accused of a minor offense. The law enforcement will only arrest you if they pull you over for a traffic violation after confirming in the computer records and seeing a bench warrant issued against you.
Excuses For Failure To Attend Court Dates
The judge can issue a bench warrant against you if you miss a mandatory court hearing. You will be placed in custody and presented for trial on why you did not attend. The court can also charge you with failure to appear if you cannot justify your absence. You will not face penalties if you have a good reason for missing the court dates. You can give the following excuses if you miss court hearings:
- The attorney withdrew from your case at the last minute
- The judge made a scheduling mistake
- You had an emergency or a serious family problem
- Your car had a mechanical issue on your way to court, or you were involved in a car accident.
- You had a medical emergency
- You did not commit yourself to attend through a written commitment
- You were not informed of the court hearing
Your Attorney Withdrawing At The Last Minute
Sometimes, you can hire an attorney, and the attorney withdraws from your case before trial. This can justify your absence. However, the judge can reschedule your court hearing to allow you to hire another attorney. You should contact the court immediately after you establish that your attorney has withdrawn.
The Judge Made A Scheduling Mistake
Failure to attend a court hearing will not be a crime if the judge makes an error. Some of the mistakes can be:
- Notifying you wrongly that you are not legally required to attend the proceedings
- Directing you to the wrong courthouse
- Ordering you to appear at the wrong time or day
Keep copies of any misleading court documents as evidence. The judge can order you to appear at the wrong time or date before your actual trial. While clerical errors may excuse some absences, you are still responsible for attending on the correct date and time once properly informed. It can be inconvenient, but does not justify your failure to attend your court dates.
Having An Emergency or A Serious Family Problem
You can justify a missed court hearing with a serious family emergency. A serious family emergency can occur if a family member requires immediate medical attention or dies. You should keep any document that you can use as evidence to prove the incident.
Your Car Developed Mechanical Issues
You should reach out to the judge immediately if you were involved in a car accident or your car develops mechanical issues on your way to court. Before using this as an excuse, ensure there are no options for getting to the court on time. This reason will not be admissible if you could have gone to court using a taxi or public transportation.
Consider keeping the mechanic’s bill for your vehicle repair or the police report of the accident. This can be enough evidence that your transportation problems were valid.
You Got A Medical Emergency
The judge could look past your failure to attend the court hearing if it was because of a serious and unforeseen medical problem. Some of the medical emergencies that can prevent you from attending a court trial include:
- Concussions
- Heart attacks
- Strokes, and
- Other medical issues that require emergency room care
Sometimes, you can undergo a serious surgery on the day of the court hearing and fail to inform the court. The judge will question why you did not notify the court clerk. It is essential to keep any medical bills resulting from the emergency because you can use them as evidence in your case.
You Did Not Promise To Appear
Most offenders facing minor charges are released on their own recognizance. They are set free upon making a written commitment to attend future court hearings. You will not have a legal duty to participate if you did not sign the agreement to show up for a court hearing.
You Were Not Served By A Notice To Appear
You cannot attend court for a hearing if you were not informed of the court date. You have a right to be informed of when and where to appear. If the court fails to notify you, you will be unaware of your attendance duty. This is the best excuse to give for a missed court date. However, this excuse cannot be admissible in court if you were responsible for the lack of notification. This can occur if:
- You changed your address but did not notify the court or arrange to have your mail forwarded.
- You gave the judge misleading contact information
You will face the charges if you were informed of your court date by another source, like your attorney, and you willfully skipped the hearing.
Penalties For Failure To Attend Court Hearings
You can face penalties if you overlook the importance of court appearances and fail to attend court hearings after:
- Promising to attend court on your own recognizance
- Being ordered to participate by the judge through a subpoena
Consequences of missing court dates can vary depending on the circumstances. The court can impose additional charges for failure to attend if you have been convicted of a crime and missed a mandatory court hearing. You will face penalties for failing to attend court dates, depending on the reason for missing court and your history of attending scheduled court dates. You could face the following penalties if you miss a court date:
- A jail term that does not exceed three years in a state prison if the court convicts you of a felony
- A jail term that does not exceed six months if the court convicts you of a misdemeanor
What You Should Do To Avoid The Consequences Of Missing Court
Sometimes, you might not have wanted to skip your court dates, but did because of a medical emergency, an accident, or another valid reason. You can take proactive steps if you miss your court dates, even if you do not have a good reason. This will help you avoid the negative consequences. Some of the steps you should take include:
- Seek the services of a criminal defense attorney who can secure an arrest warrant dismissal and reschedule your court dates.
- Gather sufficient evidence to justify your absence. For example, secure a medical report from your doctor if a medical emergency made you miss a court hearing
- Request the judge to reschedule your court hearing — The judge can deny or grant your request.
- See the court clerk and explain to him/her why you missed your court dates.
- Prepare for any repercussions — For example, you should be ready to address any bench warrants or additional charges the court issues.
- Honor all rescheduled court dates — Show up for the new court dates and show your commitment to resolving the case.
Legal Support For Missed Court Dates
You should stay calm and avoid panic if you face charges for missing your court hearings. A skilled criminal defense attorney can help you if you have received a bench warrant or need help with criminal cases. You can also consult your attorney if you are not sure of the location of the court. An attorney can help you in the following ways:
- Represent you in a superior court
- Help you navigate the complicated criminal proceedings
- File a request to cancel a warrant
Find A Reliable Bail Bondsman Near Me
The importance of court appearances cannot be overlooked, given the severe consequences of missing court dates. Attending scheduled court dates shows that you respect the court and can make the judge lenient when issuing a sentence. If you miss a court date, you should inform your attorney and bail bondsman immediately. You do not have to face additional penalties if you did not intentionally miss the court hearing. At Balboa Bail Bonds, we provide prompt bail bond services. Our bail bondsmen can also help you navigate missed court dates in California. Contact us at 619-760-2222 to talk to one of our bail bondsmen.
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