Sometimes, missing a court date in Michigan happens. Notices get lost in the mail, dates are misunderstood, or unexpected emergencies come up that make attending impossible.
Even with a mistake, missing a scheduled appearance can have serious consequences. However, the situation can be addressed if you act quickly. Here is what you will want to do.
Court Dates Are Important
When a court schedules a hearing, appearance, or trial, your attendance is not optional. A court date is a legal obligation in the criminal justice process. When you fail to appear, that is treated as a violation of a court order.
In Michigan, missing a court date is called Failure to Appear (FTA). If you receive an FTA, that can lead to additional penalties on top of the original charge.
What Happens After You Miss Court?
What happens next depends on the type of case and the judge involved. Some of these consequences include:
- Issuance of a bench warrant: In many cases, the judge will issue a bench warrant for your arrest. This allows law enforcement to take you into custody if you are stopped or located.
- Additional charges: In some situations, missing court can result in a separate criminal charge, especially if the original case involved a misdemeanor or felony.
- Bond consequences: If you were out on bond, the court may revoke it, increase the bond amount, or forfeit any posted bond.
- Driver’s license issues: In certain cases, such as traffic offenses or misdemeanor matters, missing court may result in a license suspension or hold.
These consequences can be issued the same day the court appearance is missed. However, there could be a grace period for some first-time offenders.
What If I Had a Legitimate Reason?
Emergencies, medical issues, lack of notice, or misunderstandings do occur. While having a legitimate reason does not automatically excuse a missed court date, it can matter.
However, you will need to address it right away. Courts can be more receptive when:
- The missed date was unintentional
- You acted quickly to correct the issue
- You have documentation supporting your explanation
On the other hand, ignoring the situation almost always makes it worse.
What Should You Do If You Missed a Court Date?
If you realize you have missed a court appearance, you need to act right away. This can help limit the damage.
First, you never want to ignore the situation. This can lead to arrest, additional charges, or harsher penalties.
Second, make sure to contact your attorney as soon as possible. A Michigan criminal defense lawyer can determine whether a warrant has been issued and advise you on the safest way to proceed. In some cases, they may be able to file a motion to quash the warrant or reschedule the court date without you being taken into custody.
Third, do not attempt to “fix it” on your own. If you show up at the courthouse or police station without legal advice, that can sometimes result in immediate arrest.
Can a Missed Court Date Be Fixed?
Your outcome depends on the circumstances. Judges may agree to lift a bench warrant, reinstate bond, or reschedule proceedings. This can happen if the missed appearance was a first-time issue and quickly addressed.
Once again, this is why you want an attorney on your side. They can explain the situation to the court. Your lawyer can present mitigating factors and advocate for a fair resolution.
Don’t Ignore Those Court Dates
When you miss a court date in Michigan, you will need an experienced lawyer to help you remedy the situation.
If you or someone you care about has missed a court appearance, the Law Office of James Fillmore can assist. We know that mistakes can happen. Schedule a consultation today. We can assess the situation and help you take those next steps toward a resolution.
