It’s easy to get overwhelmed when you’re facing criminal charges. You’re looking at a list of charges the prosecutor wants to bring against you, looking at the penalties that come with those charges, and considering the range of possible outcomes for each one. You may also be worried about the potential of jail time and what it means for your future. Knowing that, it’s not a big surprise for defendants to occasionally miss a court date. However, missing court dates can have a serious impact on your criminal case and give a judge the wrong impression. Learn more about your obligations as a defendant and what to do if you miss a court date.

Court dates you are required to attend

As a defendant in a criminal case, there’s a variety of court dates you are required to attend. Missing any of them can lead to additional charges. Furthermore, missing these dates may irritate the judge and bias them against you—when a defendant fails to appear for a court date, that is a court time that could have been used by someone else. You’ll need to appear in court for the following:

• Arraignment
• Discussion dates or settlement conferences
• Prior to your preliminary hearing
• Every day of your trial
• Sentencing hearing

Consequences of failing to appear

First off, failing to appear in court may result in the judge issuing a bench warrant for your arrest. When the judge issues a bench warrant, you can be arrested at any point. For example, if you’re stopped for speeding, the police officer will likely run your driver’s license, see that there’s a warrant out, and arrest you.

If your criminal charges are related to violent or sexual crimes that are categorized as felonies, Class A misdemeanors, or Class B misdemeanors, you may face further issues. Anyone in this category who fails to appear will be placed on state and federal lists as a fugitive from justice.

If you were released from jail on bond, missing a court date may lead to the revocation of your bond—especially if the judge believes your failure to appear was intentional or an effort to escape justice. You could be held in pretrial detention.

Finally, failing to appear can make you appear careless or uninterested in the outcome of your case. This can hurt your odds of being sentenced fairly, as the judge may feel the need to make an example out of you by handing down a harsher sentence.

Additional criminal charges

Unfortunately, failing to appear can also result in additional criminal charges. In most cases, failing to appear is a Class A misdemeanor. A Class A misdemeanor may lead to up to 11 months and 29 days in jail and be ordered to stack on top of your other charges.

Factors affecting the severity of your situation

Criminal law is highly nuanced. The penalties you face for failure to appear could be wildly different from how another defendant is penalized. Factors that may come into play include:

• Mitigating factors—for example, if you had a valid reason to miss your court date (like a medical emergency), you may not be charged with failure to appear.
• The severity of the charges against you.
• Your criminal history.
• Your previous history of compliance with court orders.
• Any efforts you make to rectify the situation after realizing that you missed a court date.

The importance of swift action when you miss a court date

When you miss a court date, it’s important to take steps right away to avoid further issues and show the court that you take your case—and their time—seriously. Don’t make the mistake of ignoring the situation or hoping that the court didn’t notice that you failed to appear. The quicker you address the situation and attempt to make it right, the better off you are.

How an experienced criminal defense attorney can help

This is one area where having a criminal defense lawyer can be extremely beneficial. Your lawyer knows the importance of showing up to every court date, and just as importantly, they know how to smooth things over with the judge when a defendant falls out of line. To start, your lawyer will take steps to keep you from missing a court date. This extra level of accountability can help you avoid this entire situation.

If you do miss a court date, your lawyer may take immediate steps to file a motion to set aside the capias. This is a request to the court to recall their bench warrant. If granted, this protects you from being arrested for failure to appear.

Your lawyer will also work to explain to the court why you missed your court date and why they should show leniency with you. For example, if you were gravely ill or were involved in a car accident on the way to court, they will present that information to the judge. If you had no genuine or valid reason for missing court and you simply forgot or did not want to attend, your attorney will use their negotiation skills and connections in the legal system to try to secure a fair outcome for you.

Moving forward, your criminal defense lawyer can also help to make sure you don’t miss any more court dates. The court may be willing to overlook one missed court date; they are significantly less likely to overlook two.

Reach out to Delius & McKenzie, PLLC today for more guidance

No matter which types of criminal charges you are facing in Tennessee, our experienced criminal defense team is committed to protecting your rights and freedoms. Let’s discuss your defense and decide your next steps during a consultation. Call us or fill out our contact form to have a team member contact you.