What Happens When You Fail to Appear for Your Court Date in a Criminal or Traffic Case?
Portner & Shure, P.A.
Published at : 05 Jan 2021
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One of the most common criminal consultation phone calls we receive is about what happens when you get a ticket for driving on a suspended license or driving without a license. In many of those situations, the prospective client also asks what to do when you do not show up for the court date and you have a bench warrant issued.
If you have a scheduled court date, you should always attend because the consequences for failing to appear are serious. When you do not show up for your court date, a Judge will issue a bench warrant for your arrest, which means if police ever stop you for any reason and run your name in their database, the warrant for arrest will show up and you will be taken into custody. You should never risk that.
The first step we take with our clients in similar situations is to file a motion to quash the warrant. Depending on the facts of each individual case, and sometimes the mood of the Judge, the motion will be granted or denied. If the motion is granted, the arrest warrant is recalled and we can request a trial date to argue your case in court. However, if the motion is denied, the arrest warrant is still active, and you must turn yourself in to police in order to get a hearing date to argue your case in court.
When going to court for your case, it always helps your case when you are able to show the Judge that you have been working towards getting a driver’s license or already have achieved getting a new license. If you have never held a driver’s license before and have never tried to get one, it will be even more important to hire an experienced attorney to help with your case.
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