Missing a court date can lead to charges of failure to appear. Depending on the circumstances, failing to appear can lead to your arrest, further criminal charges, fines, and jail time.
Often, an attorney can resolve a missed court date with minimal consequences, but you should act quickly. Contact a Phoenix, AZ failure to appear lawyer for help.
Three Statutes Govern Missed Court Dates
The penalties for missing a court date differ depending on the seriousness of the matter. In all cases, a failure to appear must be willful to be a crime. When a Phoenix attorney can provide evidence that you missed court due to an unavoidable emergency, you may not face failure to appear charges.
Infractions
When you receive a traffic ticket or a citation for another type of infraction, you must sign it. Your signature is a promise to appear in court.
Arizona Revised Statute §13-2506(A)(2) makes a failure to appear a Class 2 misdemeanor in these circumstances, punishable by up to 120 days in jail.
Misdemeanors
When you face misdemeanor charges and do not keep your court date, your failure to appear is a Class 1 misdemeanor. If convicted, you face up to six months in state prison.
Felonies
A failure to appear is most serious when facing a felony charge. Arizona Revised Statute 13-2507 makes it a Class 5 felony to miss a court date on a felony charge. First offenders can face up to two and half years in state prison when they miss a court appearance.
Understanding Bench Warrants
When you miss a court date, the judge typically issues a warrant for your arrest called a bench warrant. The police will not go looking for you, but if they make a traffic stop or identify you for any other reason, they will arrest you.
When you have been arrested on a bench warrant for failure to appear, you may be denied bail. If the judge grants bail, it will likely be higher than if you did not have a history of missing court dates.
The best way to handle a missed court date is to engage a Phoenix, AZ criminal attorney and voluntarily resolve the matter. Waiting to be arrested on a bench warrant will lead to more significant consequences.
Resolving Warrants for Missed Court Dates
Sometimes, people miss court dates because of medical emergencies, a death in their immediate family, or because they got into a car accident on the way to court. When you appear in court with proof that there was a legitimate emergency that prevented you from keeping your court date, in many cases, the judge will excuse the failure and reschedule your date.
However, many people miss court dates for circumstances that are not true emergencies. Judges are unlikely to excuse a failure to appear because you could not get a babysitter or time off work. It is common for people to just forget their court date, but the judges are unlikely to see forgetfulness as a legitimate excuse.
You can often resolve the matter without a substantial penalty, even when you do not have a good excuse for missing court. A Phoenix, AZ defense attorney can go to court with you, apologize to the judge, explain your reasons for missing the court date, and assure the judge that it will not happen again. The judge will withdraw the warrant and though they may impose court costs and a fine, the amount will be much lower than it would be if you are arrested on a bench warrant.
Work With a Phoenix, AZ Attorney to Resolve a Failure to Appear
People miss court dates for many reasons. Even if you do not have what a judge would consider a legitimate excuse, you can work with a legal professional to resolve the matter before you are arrested.
Contact the criminal defense attorneys at Phillips Law Group as soon as you realize that you missed a court date. Our Phoenix, AZ failure to appear lawyers will help you get the bench warrant cleared. Reach out today to learn more.
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