What Happens If You Miss a Court Date in a Criminal Case

Being charged with a crime is a serious matter, and you must attend any court hearings that are scheduled in your case. Whether you were charged with a traffic violation, a misdemeanor, or a felony, the consequences of missing a court date can be serious. You could face additional criminal charges for failure to appear, the court could issue a warrant for your arrest, you could be charged with contempt of court, or the judge can also order you to forfeit your bail bond. In addition, the judge is less likely to view your case favorably and will be more likely to impose a harsher penalty for the underlying charges.

If you miss a court date in a criminal case, your criminal defense attorney may be able to explain your situation, argue that you deserve another chance, and try to minimize the severity of any additional penalties you might face. But you must act quickly to avoid the most severe consequences of missing a court date.

What Are the Consequences of Missing a Court Date?

The consequences of missing a court date can vary, often depending on the nature and severity of the underlying charge. In less serious matters such as a parking ticket or traffic violation, the court may mail you a notice of failure to appear and reschedule the court date. In more serious cases, the consequences can be much more severe.

Additional Criminal Charges

You could be charged with failure to appear, which is a separate criminal offense that could further complicate your case.

Bench Warrant

The court can issue a bench warrant for your immediate arrest. Except in the most severe cases, the judge will rarely send law enforcement officers out to search for you. However, if you are stopped for any criminal offense, even a minor traffic violation, you will be immediately arrested. If the judge believes there is no other way to guarantee your appearance, you can be held until your rescheduled court date.

Bail Forfeiture

If you miss a court date, the court can require that you forfeit any previously posted bail. When someone is released on bail, it is with the understanding they will appear at all scheduled court dates. If you miss your court date, the court may require that you forfeit any bond that was posted in your case.

Driver’s License Suspension

The court can report your failure to appear to the Motor Vehicle Commission, which can suspend your driver’s license until the criminal case is resolved.

Monetary Fines

The judge may impose monetary fines for your failure to appear in court.

Contempt of Court

The judge can find you in contempt of court. In New Jersey, a finding of contempt of court is a disorderly persons offense, punishable by a fine of up to $1,000.

Will the Court Accept an Excuse If I Miss a Court Date?

Depending on your circumstances, you may be able to avoid punishment for missing a court date in a criminal case by providing an explanation for your absence. For example, you may have a valid excuse for missing a court date if:

• You were injured, hospitalized, or incapacitated by illness on the date you were scheduled to appear in court.
• You experienced a recent death in your immediate family.
• You were not properly notified of the date and time of the hearing.

There are very few valid reasons for missing a court date, and the court will most likely not accept the following excuses:

• You forgot.
• Your car broke down.
• You could not take time off work.
• You were stuck in traffic.
• You were not notified because you failed to inform the court of your new address.
• You thought the judge waived your appearance.

What To Do If You’ve Missed a Court Date

If you have a valid reason to miss a court date, you may be able to avoid punishment for failure to appear. Contact your attorney immediately. Your lawyer can explain to the judge why you missed your court date. Do not appear in court without your attorney present.

If you do not have a valid reason for missing your court date, you should:

1. Contact a defense attorney if you do not already have one. An attorney can evaluate your situation, prepare a legal defense, and communicate with the court to explain why you missed your court date.
2. Arrange a new court date. With assistance from your lawyer, you can ask the court to reschedule your court date. The court will be more understanding and lenient if you have a valid reason for missing your court date.
3. Turn yourself in (if advised by counsel). In some cases, your attorney may recommend that you turn yourself in voluntarily. Depending on your circumstances, this can show good faith and lead to more favorable treatment by the court.

How a Criminal Defense Attorney Can Help

If you miss a court date in a criminal case, a criminal defense attorney can communicate directly with the court on your behalf to explain why you missed your court date, minimize the penalties you might face, and request a new hearing. If you are in custody, an attorney can renegotiate bail and request that you be released.

Contact Iannelli Law Today

John C. Iannelli has been practicing law since 1992 and has earned a reputation for achieving outstanding results for his clients. He can evaluate your situation and provide valuable legal advice and guidance to protect your rights. Contact Iannelli Law today to schedule an appointment to discuss your situation with an experienced New Jersey criminal defense attorney.