What Happens If You Miss Your Court Date?
What happens when you miss your court date? It can be a simple mistake that anyone can make, but there can be serious consequences. Whether you misplaced the ticket you received or planned on attending court but somehow forgot, immediate action must be taken to rectify the situation.
After you miss a court date, courts can initiate a driver’s license suspension process by issuing a Failure to Appear and/or the court can issue a Bench Warrant for your arrest. The law has authorized such harsh penalties in order to make sure that people attend court.
If a Failure To Appear has been issued, you should receive a letter notifying you of the initiation of the driver’s license suspension. It is important to remember that this Failure To Appear notice will go to the address listed on your license, so it is not uncommon for the Failure to Appear notice to go to an incorrect or old address. It is your responsibility to make sure that your address is updated so that you do not miss out any important notices. If you do not resolve your Failure To Appear in the time given in the notice, your driver’s license will be suspended, and you will lose your ability to driver for any reason. Driving on a suspended license is a very serious crime which can lead to your arrest and your license being suspended even further.
If a Bench Warrant has been issued, you may not know until you are stopped or arrested by an officer. You will not be able to bond out of jail following an arrest until you find a way to have the Bench Warrant issued by the judge for missing court lifted.
The consequences of the Failure To Appear/Bench Warrant may be long-lasting. The Failure To Appear license suspension can remain on your driving history even after it has been resolved and may have an effect your future job prospects or car insurance.
The process to resolve the Failure To Appear and/or Bench Warrant will vary from court-to-court. Some courts will make it a simple process of communicating with the court that issued the Failure To Appear/Bench Warrant, paying a fine for missing court, and getting the form releasing you from the Failure To Appear suspension to turn into the Department of Driver Services. Other courts will make you appear before a judge in person to atone for your mistake.
One of the benefits of hiring an attorney from Kapadia & Naik is that we are familiar with the Failure To Appear/Bench Warrant process and how to get it lifted. An added advantage is that in many cases, an attorney can have the Failure To Appear and/or Bench Warrant lifted without requiring you to attend court.
If you are facing a potential Failure To Appear and/or Bench Warrant and have questions or are unsure of what to do, contact us today to find out what options may be available to you.