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

Being charged with a crime is a serious matter, and you are expected to attend all court hearings in your case. Regardless of whether you were charged with a felony, a misdemeanor, or a traffic violation, the consequences of missing a court date can be severe. You could face additional criminal charges for failure to appear, be found in contempt of court, have a warrant issued for your arrest, and may be required to forfeit any bond that was posted. Additionally, the judge will likely view your case less favorably and may impose a harsher punishment for the underlying charges.

If you miss a court date in a criminal case, our experienced criminal defense attorneys can explain your circumstances, ask that you be given another chance, and help you avoid the most severe punishments for missing a court date. Nonetheless, you must act quickly to protect yourself and avoid the most severe consequences of missing a court date.

What Are the Consequences of Missing a Court Date?

If you miss a court date in a criminal case, the judge can impose various punishments, often depending on the nature and severity of the charges against you. In less serious matters, like a parking ticket or a traffic violation, the court may issue a notice of failure to appear and reschedule the court hearing. In more serious cases, the consequences can be much more severe.

Bench Warrant

When a person misses a court date in a criminal case, the judge may issue a bench warrant authorizing police officers to arrest the person named in the warrant any time they come into contact with them, regardless of the circumstances. The police will not usually seek you out at your home, but they can arrest you if you are stopped for any reason, even something as minor as a moving violation.

Additional Charges for Failure to Appear

If you miss a court date in a Utah criminal case, you could be charged with failure to appear, which is a Class B misdemeanor.

Fines and Bail Forfeiture

The court could impose monetary fines or require that you forfeit any bail that was posted.

Driver’s License Suspension

In traffic cases, the court can suspend your driver’s license if you miss a court date.

Will Missing a Court Date Affect the Sentence the Judge Will Impose?

Missing a court date can impact the sentence the prosecutor will recommend that the judge impose. One of the factors a judge will consider when handing down a sentence is how likely the defendant is to comply with the terms of the sentence. The judge could interpret missing a court date as a sign that you are not responsible enough to abide by the court’s orders and the conditions of probation.

Can the Court Hold a Trial Without the Defendant Being Present?

The United States Constitution and the Utah Constitution guarantee the right of a criminal defendant to be present at trial, to confront and cross-examine witnesses, and to participate with legal counsel in preparing and presenting a defense. But if the judge believes you have voluntarily absconded from court at the time your case was scheduled for trial, the court can proceed with a “trial in absentia."

Being absent from trial is a quick way to find yourself convicted. If you do not appear in court for your trial date, the judge and jury are unlikely to give you the benefit of the doubt, may believe you do not care about the outcome of your case, and are more likely to find you guilty.

Are There Valid Excuses for Missing a Court Date?

In certain situations, you may be able to avoid additional punishments for missing a court date, particularly if you have a compelling reason. 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.

In most situations, you can avoid punishment for missing a court date by promptly notifying your attorney, who can explain to the court your circumstances and ask that your court date be rescheduled.

The court is unlikely to accept the following excuses for missing a court date:

• 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 Should You Do If You Miss a Court Date in a Criminal Case?

If missing a court date is unavoidable, you should notify your attorney immediately. Your lawyer can explain your circumstances to the judge and ask that your court date be rescheduled. Depending on your circumstances, the wisest course of action might be turning yourself in. Nonetheless, you should not appear in court without your attorney present, and you should not turn yourself in until you have discussed the matter with your lawyer.

Charged with a Crime? Contact Douglas D. Terry & Associates Today.

Douglas D. Terry & Associates is the longest-serving criminal defense firm in St. George and has been representing individuals charged with crimes in Southern Utah since 1983. We offer the time-tested advice, guidance, and advocacy that only an experienced law firm can provide. Contact our office to schedule a confidential appointment to discuss your situation and how we can assist you. Call (435) 628-4411, send a message to email@SouthernUtahDefense.com, or complete our online form.