If you miss the date of your court-appointed hearing, you could face significant penalties including warrants, contempt of court, and more which could have life-changing consequences.
Our attorneys will explain what may happen if you do miss that date and how we can defend you.
Key Takeaways:
- The consequences of not showing up for a court date can be significant.
- A judge may issue a bench warrant or probation warrant for your arrest if you fail to appear in court.
- You may also be found in contempt of court.
- Bench warrants and probation warrants can be mitigated if you speak with an experienced attorney that can help recall the warrant and speak to the judge.
Bench & Probation Warrants
Miscommunication, an accident, severe illness, or another emergency may cause you to miss showing up for your court appointment. Regardless of whether your court date is for a minor violation, misdemeanor, or felony, the consequences of not showing up are significant.
A judge may issue a bench warrant or probation warrant to arrest you for failing to appear in court. If the judge believes you purposely skipped, the judge could also hold you in contempt of court. Additionally, you could be found in violation of the terms of your probation.
Learn More > What is a Bench Warrant?
Why a Bench Warrant or Probation Warrant is Significant
A bench warrant or probation warrant are court records, like any other charges, arrests, or convictions, which means they’ll come up on a background check. Most employers typically perform background checks, and an outstanding warrant could have additional penalties. For example, you will not be able to leave the state or country.
On the bright side, bench warrants and probation warrants are typically fixable or avoidable altogether. You must work with an experienced attorney in this area to help recall a warrant and speak with the court on your behalf.
Contempt of Court
Now let’s look at contempt of court. Essentially, this means that you have disobeyed a court order. The Federal Rules of Civil Procedure state that anyone in federal court that fails to perform a particular action may be charged with contempt of court.
There are two types of contempt the court can charge you with:
- Indirect Contempt of Court – This typically signals that you had a valid excuse for missing your court-appointed date or that an error caused you to miss your hearing. In this case, the court must notify you and schedule an opportunity for you to explain your issue to the judge.
- Direct Contempt of Court – This indicates that you purposefully skipped out on attending your court appointment. You could be penalized without a trial in these cases.
You could be fined and imprisoned if you’re charged with contempt, but this depends on whether the charge is a civil or criminal contempt charge. Here’s the difference between the two:
- Civil Contempt Charge – This applies to people who refuse to obey a court order; however, they eventually fulfill the requirements. If an individual agrees to obey the court sooner or later, the contempt charges could be dropped.
- Criminal Contempt Charge – This applies to people who directly violate a court order or interfere with court proceedings. This could be when a court date is missed to talk with a witness in the case against them, or this could be if a person violates probation. This type of charge is definitive, and the court will carry out a penalty.
Recalling a Bench Warrant or Probation Warrant
You can ask the court to recall a warrant. First, you must explain to the court why the court date was missed. Then you’ll need to turn yourself into the judge. You may also need to schedule a hearing to show proof of compliance and pay outstanding fines, depending on your situation and the court schedule.
If you approach the court as soon as possible regarding the missed hearing, the judge may decide to recall the warrant. But if the charges against you are significant or the court issued several warrants before coming forward, your appeals may not be enough.
Learn More > Know Your Rights When Accused of a Crime in Florida
Schedule a Consultation with a Tampa Bay Defense Attorney
If you are seeking legal counsel regarding a bench warrant or a probation warrant in Tampa Bay, schedule a consultation or call Stechschulte Nell today at 813-280-1244.
