Consequences of Failing to Appear in Court

Showing up to court when summoned for a hearing or trial is a legal requirement, not merely a courtesy. Let’s explore the consequences of failing to appear in court and how a criminal defense attorney can work with you to mitigate the potentially severe repercussions.

What Does Failing to Appear Mean?

When you do not show up for a scheduled hearing, trial or any legal proceeding in which a judge has explicitly ordered you to be present, you have failed to appear.

There are numerous reasons you might miss your court date.

• Forgetting: Forgetfulness is common, especially if the court date is far in the future.
• Logistical issues: Sometimes, hurdles like a lack of reliable transportation can prevent someone from attending.
• Fear: Particularly in criminal cases, the fear of potential sentencing or other legal outcomes can be a deterrent.
• Medical emergencies: An unexpected health crisis might interfere with your court date.
• Miscommunication: Occasionally, there may be a miscommunication or clerical error regarding the date or time of the appearance.

California-Specific Consequences

In California, the consequences of failing to appear vary, depending on whether the original case was for a civil or criminal matter.

• Criminal cases: The judge may issue a bench warrant for your arrest if you fail to appear for a criminal court date. The police can arrest you at any time while this warrant remains active. Also, failing to appear on a felony or misdemeanor charge can result in an additional felony or misdemeanor charge on top of the original one.
• Civil cases: In civil cases, failing to appear can lead to a default judgment against you. The court may decide the case in your absence – likely not in your favor.

How a Criminal Defense Attorney Can Help

Failing to appear in court can lead to significant legal troubles. If you find yourself unable to attend a scheduled court appearance, proactively handle the matter by hiring a skilled criminal defense attorney to protect your rights and minimize the consequences.

• Resolving bench warrants: An attorney might get a bench warrant recalled by arranging a new court date and explaining your absence to a judge.
• Negotiating with the court: Lawyers can communicate with the court to clarify the reasons for your absence, potentially preventing further penalties. They may be able to reschedule the appearance without additional legal complications if they can prove you have a justified reason for your absence.
• Legal representation: A lawyer can potentially get your charges reduced or dismissed if your failure to appear leads to an additional felony or misdemeanor.
• Advice and preparation: An attorney will give you suggestions to help you get ready for a hearing or trial, ensuring compliance with all judicial orders.

At Brower Law, we understand you may feel anxious about an upcoming court date. We are here to guide you through these situations with professionalism and diligence. Contact us if you need assistance with a missed court date or related legal matters. Southern California criminal defense attorney Ron Brower will use his decades of experience to protect your rights and interests throughout the process.