What to Do When You’ve Missed Your Court Date?

Criminal defendants must appear in court frequently for various hearings before trial. What happens if you miss a court date? Unfortunately, you will probably be arrested and possibly lose bail. Call William G. Yarborough, Attorney at Law, for immediate assistance. Our firm can help with the failure to appear, as well as the underlying substantive criminal violation that got you arrested in the first place. Our Greenville, SC, criminal defense lawyer is standing by.

Here’s What Happens if You Miss a Court Date

There are immediate, serious consequences for missing a court date, which is called a “Failure to Appear” or FTA.

First, your judge will probably issue a bench warrant for your arrest. If the police find you, they can make a lawful arrest under this bench warrant. They’ll take you in to appear in court, against your will. It doesn’t matter if you are out at a restaurant with your kids or work trying to finish an assignment for your boss.

It also doesn’t matter if you had a valid reason for missing your court hearing, such as an illness in your family. A judge can have you arrested and detained.

Second, you can face an additional criminal charge. Under South Carolina Code § 17-15-90, it is a crime for someone released on bail to fail to appear in court. You can face serious penalties:

If you were on bail for a misdemeanor, then willfully missing a hearing can land you in prison for at least a year and net a $1,000 fine, or both.

If you were on bail for a felony, then a willful failure to appear in court can result in up to five years in prison and a $5,000 fine.

Third, your bond can be revoked. That means you will sit in jail until your case has finally worked its way through the criminal justice system. You won’t be going home to see your family or continue to earn a living.

These are terrible consequences for missing one hearing. However, you do have options.

Why is Missing a Court Date a Problem?

For criminal defendants, not showing up in court is a big deal. For one thing, the state is always worried that defendants will flee, which is why they often fight to deny you bail. They are worried you will successfully evade responsibility for the crime. Remember, the state thinks you are guilty: that’s why they are bringing the charges against you.

You can also lose your bond if you miss a hearing. Many defendants get a bond because they do not have enough cash to put up for bail. Unfortunately, the bail bondsman might cancel the bond if you miss a hearing.

You might have legitimate reasons for missing a hearing: car troubles, illness, or an accident. But the judge, bail bondsman, and Solicitor do not know that. They will assume the worst and conclude you are fleeing.

What To Do if You Fail to Appear

Defendants should hire an attorney. A criminal defense attorney is a huge benefit for any defendant at any stage of their case. And that is true when you cannot make a court hearing. Your attorney can advise you about your best options and analyze whether they can prevent your arrest.

If you do not yet have a lawyer, hire one today. Your lawyer can do the following:

1. Find out if the court has issued a bench warrant. There’s a good chance the court has issued one if you missed a court hearing.
2. Contact the Solicitor to describe your situation. Sometimes, a lawyer can get the Solicitor to agree to cancel a bench warrant by explaining why you missed the hearing and convincing them that you are not trying to skip out on bail.
3. File a motion to lift the warrant with the Court. The Solicitor might not agree to cancel the warrant, in which case your lawyer might go straight to the judge and file a motion.
4. Talk with the bondsman to get them to remain on your bond. That will allow you to stay out on bail for the remainder of your case.
5. Offer advice about whether you should come into the Solicitor’s Office voluntarily. That might show that you are not trying to skip out on bail.

Pick up the phone and call an experienced Greenville, SC, criminal defense lawyer for immediate assistance.

Can You Reschedule a Court Date if You Miss It?

It’s possible. The Court does not drop everything to work around a defendant’s schedule. You don’t have a “right” to reschedule. But the court might reschedule if it receives sufficient notification.

However, we don’t recommend that you call the Clerk’s Office or the Solicitor. A bench warrant has probably already been issued for your arrest. The Solicitor is mostly focused on getting you handcuffed at that point and making sure you stay behind bars for the remainder of your case. If you call, they will probably try to find out where you are to aid the police.

We recommend not reaching out to the Court, the Solicitor, or anyone else attached to the government. Instead, you should immediately hire an attorney to help you.

Your focus as a criminal defendant should be on avoiding an arrest on a bench warrant and keeping your bail. A lawyer is better positioned to accomplish those goals. Let your lawyer try to explain to the Solicitor or judge why you missed the hearing.

Contact William G. Yarborough Right Away

Getting out on bail is an excellent benefit for any criminal defendant. In addition to being with your family, you can likely continue to work or go to school, which will help you when your case is finished. Any missed hearing can result in an arrest and possible criminal charges. Contact us today to schedule a consultation with an experienced criminal defense lawyer. Attorney Yarborough brings more than 30 years of experience and a strong reputation to every case he accepts.