Missing an appointment is often little more than an inconvenience for most people. Schedules get confused and low priorities often slip our minds. If you miss your appointed time to appear in court on a traffic violation or other crime, you could be facing additional penalties.
If you miss a court date, you could be issued a bench warrant for failure to appear. This could result in additional jail time and/or fees. In addition to adding to the risk of a jail sentence, a failure to appear could also put you in a bad light with the court. A practiced criminal defense attorney might be able to help you out of the jam you have created.
A bench warrant for failure to appear does not have to turn your life upside down. In fact, some situations could result in the court quashing the warrant issued for failing to appear or reinstating a person’s original bond. A consultation with a Brush failure to appear lawyer could provide you with your legal options going forward. Reach out to the Colorado Lawyer Team to learn more about how an attorney could help.
A failure to appear is governed by Colorado Statutes Section 16-2-110. Under the statute, it is unlawful for anyone served with a summons to fail to appear at the appointed time for their criminal hearing. This statute does not apply when a defendant’s attorney appears on their behalf. While not mandatory, the judge presiding over the original case has the power to issue a bench warrant following a failure to appear.
While a warrant for failure to appear sounds very grim, the truth is courts dismiss these rather frequently, especially during these uncertain times. It is not uncommon for the court to make a mistake and either fail to notify the defendant of the court date or place the case on the wrong docket. The court might also dismiss a charge if it was impossible for the defendant to attend. This could occur if the defendant was incarcerated in another county or if they experienced a medical emergency. A knowledgeable Brush failure to appear attorney could advise a defendant on the assistance with a failure to appear.
There are additional consequences for a failure to appear on top of the standard risk of jail or fines. These consequences can impact the original charge a defendant faced at the time they missed their court date.
The first consequence a person that fails to appear will likely face is a bench warrant. Bench warrants are arrest warrants issued by the judge in the underlying case. It allows law enforcement to arrest and detain someone until they can be brought into court to answer for their failure to appear.
A failure to appear could also result in an unfavorable change in a defendant’s bail amount. In some cases, a court could require a person that fails to appear while out on bail to await their trial on the underlying charges behind bars. In other cases, the judge could substantially raise the amount of the initial bond.
Dealing with any criminal charge can lead to significant stress and worry. Facing an additional issue of failure to appear can only make things more difficult. Whether you missed court due to your own mistake or because of factors out of your control, a skilled Brush failure to appear lawyer might be able to help. Discuss your legal options with the Colorado Lawyer Team today.