Missing a court date—also known as “failure to appear” —can have serious legal consequences. Whether you were scheduled for a criminal case, civil hearing, traffic violation, or family court matter, failing to show up without a valid excuse can lead to warrants, fines, additional charges, or even jail time. If you have missed a court appearance, it is important to understand the potential penalties and how to resolve the situation before it worsens.
Consequences of Missing a Court Date
The consequences of missing a court appearance vary depending on the type of case and the judge’s discretion. As you can imagine the consequences for missing a court date that involves a criminal charge against you are severe and can involve loosing your freedom. Some of the most common penalties include:
A. Bench Warrant for Your Arrest
If you miss a criminal court date, the judge will likely issue a bench warrant, meaning law enforcement can arrest you at any time. In this circumstance the Judge has the discretion to revoke your bond and triple future bond amounts. A bench warrant for a failure to appear could lead to arrest at home, work, or during a routine traffic stop.
B. Additional Criminal Charges
Failure to Appear (FTA) is a separate criminal offense in many states. If you missed a court date for a felony charge, you could face a felony FTA charge, leading to even more jail time and fines. Even for misdemeanors, missing court could result in additional misdemeanor charges.
C. Suspension of Your Driver’s License
If you miss a traffic-related court date, the court may notify the Department of Motor Vehicles (DMV), leading to a driver’s license suspension. This suspension could lead to additional driving under suspension charges that complicates the underlying court date or fine that wasn’t paid. You may have to pay fines and go through a legal process to reinstate your license. In Tulsa getting your license reinstated requires you to contact service Oklahoma and follow the procedures set out by them.
D. Bond Forfeiture and Higher Bail
If you were out on bail, missing court could result in forfeiting your bond, meaning you or your bail bondsman lose the posted bail money. In some instances the bondsman in your case can choose to reinstate the bond when are arrested again. The judge has the ultimate discretion and the judge can deny bond or triple the bond. Once again, the severity of the underling crime and the reason for the failure to appear has a big impact of the Judges decision.
E. Civil Penalties and Default Judgments
In civil cases, such as lawsuits or family court hearings, missing court can result in a default judgment against you. This means the court may automatically rule in favor of the other party, potentially leading to wage garnishment, property liens, loss of child custody, and more.
What to Do If You Missed Your Court Date
If you have already missed a court appearance, take immediate action to minimize legal consequences. If you ignore the situation you are in it will surely makes things worse.
A. Contact the Court Immediately
Call the Tulsa Police warrant check check online to see if a warrant has been issued. Even if you don’t speak directly with the clerk I recommend leaving a voice mail on their recorder and sending them an email if possible. If possible, explain your reason for missing court and ask if you can reschedule your appearance.
B. Hire an Attorney
A criminal defense attorney or traffic lawyer can help you. Never take a chance that you will be put into custody for the failure to appear.
- Quash (cancel) a bench warrant.
- Negotiate with the judge to avoid additional charges.
- Reschedule your court date and present a valid excuse.
- Add you back on to the docket. This depends on the type of case and the Court that the case was in that you missed.
C. Turn Yourself in Voluntarily (If a Warrant Exists)
If a warrant has been issued, voluntarily appearing in court with an attorney may help you avoid immediate jail time. Your attorney will also tell you to make sure that you have a bondsman ready in the event that the court requires that you surrender yourself. Judges are often more lenient if you turn yourself in rather than waiting to be arrested.
D. Provide a Valid Excuse (If Applicable)
Some legitimate reasons that might mitigate the reason for missing court include:
- Medical emergencies (with proof). Judge will almost always require a medical note or proof of hospitalization.
- Severe weather or accidents that prevented travel. Make sure that you call the clerk or the court itself and also call your attorney.
- Failure to receive a court notice (clerical errors, wrong address).
Your attorney can help you present your reasons to the court.
Tulsa County Criminal Attorneys
Missing a court appearance can lead to serious consequences, including arrest warrants, fines, criminal charges, and loss of rights. However, acting quickly by contacting the court, hiring an attorney, and providing a valid excuse may help you avoid the worst penalties. If you have missed a court date or have an outstanding warrant, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online.