What To Do If You Missed Your Court Date in Georgia

Life is full of unexpected events, and many people miss their court date through no fault of their own. Nonetheless, the court system depends on people showing up when they are supposed to, and this rule is strictly enforced when it comes to criminal defendants. If you are facing a criminal charge, then you will have many court hearings. You must attend; otherwise, you can face a failure to appear charge, with a judge issuing a bench warrant. Contact Moffitt Law, LLC, to speak with a Columbus criminal defense lawyer about your matter.

What Do I Do if I Missed My Court Date?

The first step is to realize the seriousness of missing a required court appearance. One option a judge has is to issue a bench warrant for your arrest. If the police run into you, they will likely run a quick check to see if there are outstanding warrants. The police can then immediately take you into custody, even if you were only stopped for speeding or driving with a blown taillight.

Here are some steps to take:

1. Check if there is a bench warrant. You might not know if the judge issued a bench warrant for missing court. Sometimes they don’t. You can call the court and ask. However, be careful not to disclose your location, because the police could come and arrest you.
2. Reschedule your appearance. You might have the option of rescheduling your appearance. Often, the court will send a letter notifying you that you have 30 days to reschedule. You should reschedule promptly, preferably for a date which you are absolutely certain you will not miss.
3. Hire a lawyer. If you can’t reschedule, it’s probably time to hire a lawyer. A lawyer provides invaluable assistance when facing a bench warrant. You can discuss options, including whether to turn yourself in or whether to fight.
4. File a motion to quash a bench warrant. This is a motion asking a judge to essentially rescind a bench warrant for a legitimate reason. For example, you might have missed court because you were in a car accident and in the hospital. A judge does not have to agree to quash a motion, but an experienced lawyer can review if you have a valid argument.

You want to deal with the bench warrant, if one exists. Many people miss court hearings on traffic charges. The state can suspend your license until you show up to your court hearing. Getting caught driving means you can face additional charges for driving with a suspended license. Do not ignore a bench warrant.

What is an FTA Charge?

Failure to appear, or FTA, is a serious offense. There are a couple of situations where people pick up an FTA charge.

One situation is failing to attend a hearing on a traffic ticket. Under Georgia Code § 40-13-63, you can face up to three days in jail or a $200 fine for willfully failing to appear in court as spelled out in the citation.

Under Georgia Code § 17-7-90, a judge has the power to issue a bench warrant against any person charged with a crime who does not appear in court after receiving notice. This statute applies to more than simply traffic offenses. You will be arrested and taken into custody, where you will remain until you tender bail.

Consequences of Missing a Hearing While on Probation

You might be on probation, in which case any missed court date could result in a judge revoking probation. That would mean being sent to jail or prison to serve out the remainder of your sentence.

This is a serious mistake, and you need a lawyer to help you. The state is less forgiving in these situations, and losing probation is a real possibility. You need an experienced attorney to advocate for why you should not be sent behind bars.

Speak with a Columbus Criminal Defense Lawyer

Moffitt Law, LLC, has defended people accused of traffic violations, as well as misdemeanors or felonies. We know how to deal with warrants and are eager to hear from you. Our firm can move to quash a warrant or take other action, including helping our clients reschedule a hearing. Call our office today 762-200-2924 to schedule a consultation with an attorney. We have helped many people in the 31901 zip code and surrounding areas with their criminal defense needs. We offer a confidential consultation where you can speak freely about any criminal matters.