Some examples of legitimate emergencies include:. Even if an accident prevents you from adhering to your court date, you must get in touch with the court. Your attorney can appear for you and explain the situation. Neglecting to appear or contact the court can have serious consequences. You could be arrested or charged with failure to appear, which is a criminal offense.
If you missed a court date intentionally or the absence was avoidable, you will likely be charged. A judge or magistrate can issue a bench warrant, which allows them to arrest you for your absence.
A bench warrant can be issued whether you neglect to appear in court for a criminal charge, failure to pay child support, violating a restraining order, or avoiding a court summons to testify as a witness. Therefore, you should document everything related to your absence. The crucial thing for you to know is that you may face arrest when you have a bench warrant out against you. If you have any encounter with law enforcement , they have the power to arrest you.
Even if they merely pull you over for a broken taillight, if the officer runs your license and discovers your bench warrant, you could go to jail. It is unlikely that a police officer will come to your house or your place of employment and arrest you. However, this may happen in some situations. This event will usually only occur if the initial charge for which you failed to appear in court was especially severe. Having a warrant out for your arrest can significantly impact your life. It can show up on background checks when applying for a job.
It can prevent you from receiving financial aid, and it can also strip you of your driving privileges. After missing a court date, you may also find yourself having to pay a higher bond. In some situations, you may have to forfeit any money you paid to post your bond to get out of jail initially.
A particularly dire consequence you could face is the revocation of your bond entirely. This punishment would force you to remain in jail until the court hears your case. Generally, this measure is only likely to occur if the judge deems your absence from court to be willful. If the judge revokes your bond, the assumption is that there are no conditions of your release that would assure your future appearance in court.
If you miss your court date, you could get charged for a failure to appear. This charge often comes with additional fines and fees. According to Florida law , a failure to appear charge is usually a first-degree misdemeanor. However, it can become a third-degree felony if the initial charge against you was a felony. The attorney listings on this site are paid attorney advertising.
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If you fail to appear for your court date, the judge can issue a warrant for your arrest. Don't let that happen -- get legal help right away to avoid being arrested. Criminal Charges Can Result from Failing to Appear Laws vary from state to state , but if you fail to appear in court when ordered, you could be charged with a crime, including: Failure to appear.
This is a misdemeanor or a very minor crime and the definition varies from state to state. Contempt of court. This is the crime of failing to obey a court order and also is a misdemeanor or non-felony crime. Consequences of Failing to Appear In addition to charging you with a crime, the court can take various actions if you fail to appear.
Bench warrant. If you fail to appear in court when ordered, the judge can issue a warrant for your arrest. You could be taken into custody at any time after the warrant is issued.
For instance, during a routine traffic stop the police officer can access information about the warrant in the state's computer system and will take you into custody. In a serious criminal case, the judge also may request that police go to your home or work place to execute the warrant. Once in custody, you may have to stay in jail until a hearing on your failure to appear.
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