It is uncomfortable to miss a court date. It could either be a traffic violation, a civil suit, or a criminal case but defaulting to appear in court can be very costly. It is easy to miss a hearing, maybe because one is confused about the date, an emergency or one just forgets.
But bypassing scheduled appearances is looked upon as a serious case in court, and this may cause more legal complications.
Here, we are going to describe what will occur to you in case you fail to appear in a court of law, the consequences that you may face and what you should do at this moment to rectify the situation.
The significance of Court Dates.
A court date is a formal date when you are expected to appear before a court or judge. The appearances can be hearings, trial, or any other legal actions involving your case.
The courts set these dates in a manner that the legal issues proceed smoothly. When a person cannot turn up, it interferes with it and can result in the delays of all the people involved. Due to this, the courts tend to give punishment to people who fail to appear at the appointed time.
What is the Immediate Effect of the Absence of a Court Date?
Failure to attend a scheduled hearing would result in the judge generally recording a Failure to Appear (FTA). When this occurs, the court can do a number of things based on the kind of case and the jurisdictional laws.
The following are the most prevalent outcomes.
1. The Judge Has the Power to Grant a Bench Warrant.
The subsequent issue that may arise as a result of failing to attend a court date is a bench warrant. It is a form of arrest warrants that is directly ordered by a judge.
A bench warrant is a document that permits policemen to detain you and take you to court.
There are instances where the warrant stands until the time you are arrested or when you manage to solve the case voluntarily with the court.
In a case where the police have stopped you on any ground like a usual traffic stop, and a bench warrant has been found, you may be arrested in the spot.
2. Other Fines or Punishments.
Failure to attend a court date will attract extra fines. Missing the appearance may be met by financial punishment by the court particularly when the initial case entailed traffic violations or minor offenses.
Under certain circumstances, the fines can get huge and the situation can become much harder to solve in future.
3. Driver’s License Suspension
In case of your case, which is connected with traffic offences or driving crimes, your driver may be deprived of his license because you may miss a hearing.
This may bring about additional problems particularly when you need to use driving to go to work or in carrying out your day-to-day chores. Operating under the suspension of license may cause further legal charges.
4. Civil Case Default Judgment.
In civil cases (debt collection or contract case, etc.), failing to appear in court on the scheduled date can result in a default judgment by the judge.
The default judgment implies that the court makes a judgment by default, ruling the other party to have won automatically, as you did not appear and defend.
This may lead to the following consequences:
- Wage garnishment
- Bank account levies
- Property liens
It may be hard to undo a default judgment once it has been entered and this may involve more legal steps.
5. Bail Bond Revocation in Criminals.
In case you are released on bail until your court hearing and do not show up, then the judge is able to dismiss your bail.
This is because you might end up losing the money or bond that you took to shop your release. The court will also in most occasions grant you a warrant of arrest.
Once you are taken back to court, the judge might order you to hold you in custody pending the conclusion of the case.
Top Ten Excuses People use to Miss a Court Date.
In spite of the fact that courts take the aspect of missing appearances seriously, there are a lot of justifiable reasons as to why individuals do not appear.
Some common reasons include:
- Medical emergencies
- Wrong date information in court.
- Transportation problems
- Work or family emergencies
- Forgetting the hearing that is planned.
Although this can be excused, the court wants you to deal with the problem in haste.
What to do when you have missed a court date.
In case you know that you have missed an appearance in court, then you should take immediate action. The consequences may become more serious when one does not pay attention to the situation.
These are the steps to be taken.
1. Contact the Court Right Away
The second thing is to call the office of the court clerk immediately. The clerk will be in a position to inform you on the status of your case and whether a warrant has been issued.
In other instances, the court can give you a chance to re-set the hearing or give orders on how the issue can be solved.
2. Speak With a Lawyer
In case it comes with criminal charges or any serious law problems, it is prudent to seek the services of a lawyer.
A legal professional can:
- Explain your rights
- Get in touch with the court on your behalf.
- Assist you in making motions in order to rectify the absent appearance.
In most cases, a lawyer may lessen the consequences that might be incurred.
3. Petition to Dismiss the Failure to Appear.
There are those courts where you can file a motion to set aside the failure to appear. This is a legal request wherein the judge seeks to cancel punishments concerning the missed court date.
You might be required to justify your absence at the hearing and also offer evidence to the same.
In case the judge believes your explanation, the case can be re-opened and re-scheduled to happen in another hearing.
4. Give Yourself in, When a Warrant has been issued.
In case a bench warrant has been issued already your lawyer can advise you to come before the court on a voluntary basis.
Surrendering on your own acclaims that you are a good person and can possibly aid in making the punishment less severe than when a person is caught by surprise.
Miss a Court Date: Can you go to jail?
Yes, one can be taken to jail because of missing a court date especially when dealing with a criminal case.
Jail time, however, is not a thing you automatically pass through. The resultant effect is
based on a number of factors, which include:
- The gravity of the initial complaint
- Have you skipped court in the past?
- Your reason as to not attending the hearing.
In the case of minor cases, the court can just re-adjour the hearing or fine. The punishments can be harsher in the case of more serious issues.
Missing a court date: How to avoid it.
The surest method of avoiding legal entanglements is to ensure that you do not miss an appointment hearing. These are some of the basic measures that can work.
Set Multiple Reminders
Remember your court date with the help of phone reminders, calendars or alarm notifications.
Finalize the Date With the Court.
Dates are sometimes changed because of the change in the schedule. Making a pre-emptive call to the court can make you verify the right date and time.
Arrangement of transport beforehand.
Ensure that you understand the way you will arrive at the courthouse and also leave some extra time in the event of traffic or the delays.
Ask to Reschedule When It is Necessary.
In case you are aware beforehand that you are not able to appear, then call the court on the spot and inquire whether the court can schedule the hearing again.
Final Thoughts
It is uncomfortable to miss a court date. Failing to appear appears in the court may result in severe legal repercussions such as warrants to arrest, fines, suspension of a license, or default judgment. Nevertheless, this is not always something that cannot be rectified.
The best thing is to do it in a hurry. Get into contact with the court, learn your legal rights and consult a professional in case of need. Being accountable as soon as possible can usually lessen the magnitude of the punishment and ensure that you will fix the problem easier.
When you are in such a situation, you should keep in mind that it is never too late to solve the issue and have your rights assured to proceed with your case.
