South Florida Criminal Attorneys Blog
Missing a court date in a criminal case is something you should take seriously. Whether you forgot the date, had an emergency, or misunderstood when you were required to appear, ignoring the situation afterward can make matters worse.
In Florida, one possible consequence of failing to appear is the issuance of a warrant. That means you could potentially be arrested during a traffic stop, at home, at work, or during another interaction with law enforcement.
The consequences can depend on why you were required to appear and the type of case involved. Florida law provides that a defendant who has been released on bail and willfully fails to appear as required may face additional penalties. If the underlying charge is a felony, a willful failure to appear can itself be charged as a third-degree felony. If the underlying charge is a misdemeanor, it may be charged as a first-degree misdemeanor.
Missing court can also affect your bond. The court may order forfeiture of security posted for your release, reconsider your release conditions, or require you to address the missed appearance before the underlying criminal case can move forward.
That does not mean every missed court appearance automatically results in the same outcome.
There is an important difference between intentionally avoiding court and missing a hearing because of circumstances such as a medical emergency, incorrect information, or another legitimate problem. Documentation and how quickly the issue is addressed may matter.
If you realize you missed a criminal court date, waiting for the problem to disappear is rarely a good strategy. An attorney may be able to determine whether a warrant has been issued, explain what needs to happen next, and ask the court to address the failure to appear appropriately.
The original criminal charge also remains pending, so resolving the missed appearance is only one part of protecting yourself.
If you missed a court date or believe there may be a warrant for your arrest in Florida, contact criminal defense attorney Michael B. Cohen. Schedule a free consultation to discuss what happened and the best way to move forward with your case.