Charleston Failure to Appear Lawyer

When the court schedules a date for you to appear anywhere in the nation, you must appear. Any failure to do so can have serious consequences. While anyone can make a mistake, a court date should receive the highest priority when it comes to scheduling efforts.

You should do everything in your power not to miss a court date, and if you do miss one, you should not delay in reaching out for the skilled legal guidance of Dayne Phillips, an experienced Charleston failure to appear lawyer who is on your side. Our defense attorneys are ready to represent you.

What Are the Potential Consequences of Missing a Court Date?

Every instance of a missed court date has its own unique circumstances, and the consequences reflect the specific situation. The judge has immense discretion when it comes to addressing an individual’s failure to appear, but the basic options fall into four distinct categories:

• Your court appearance could be rescheduled
• You could be found guilty – Trial in Absence (TIA)
• A bench warrant could be issued for your arrest
• You could face jail time

The factors taken into consideration with missed court dates include the actions you took after realizing you failed to appear, as well as the judge’s mood and assessment of the situation. That is why the assistance of a failure to appear attorney in Charleston is important.

Rescheduling the Court Date

The best possible scenario is that your court date will be rescheduled. For example, if you had a legitimate excuse for missing it, such as a medical emergency at home, the court could afford you this courtesy.

While courts are busy and keeping things moving forward is paramount, judges do not lose sight of the fact that everyone involved is only human. If you have a true emergency, you can expect to receive a new court date.

The consequences for any other reason for failing to show up will be up to the judge’s discretion. The sooner you take action after realizing that you failed to appear, however, the better your chances are of securing a favorable resolution, such as a rescheduled date. Consulting with a capable failure to appear attorney in Charleston as soon as possible could make all the difference.

Can You Be Found Guilty After a Failure to Appear?

If your court date involves a traffic violation or a misdemeanor, your failure to appear at your court date can lead to a guilty finding in your absence. Under such circumstances, the judge is under no obligation to allow you to defend yourself against your charges by rescheduling your court date.

In fact, many judges make it their practice to simply find defendants guilty if they do not show up. By failing to appear, you can face the full force of the legal consequences for the charge against you.

Bench Warrant After a Failure to Appear

If the court appearance that you missed was for a misdemeanor or felony charge, the judge can issue a bench warrant for your arrest. If this happens, the police may attempt to find you and take you into custody, which ensures that you will appear when you are next required to. At this point, you can share your reason for not showing up with the judge who is presiding over your case.

From here, the judge has two options. If they accept your explanation, they could rescind or cancel the bench warrant against you. If they do not, however, the judge could order that you be detained until your pending trial date. This option carries serious consequences, and a dedicated failure to appear attorney in Charleston could help you accomplish this.

Failure to Appear Fines and Jail Time

If you missed a court date when you were out on bail or were out on your own recognizance, you can face serious fines and jail time. Willfully missing a court date under these circumstances is a crime, and you could be sentenced even if you are not ultimately found guilty of the underlying charge. Consulting an experienced lawyer is important to achieve the best outcome for you.

Call To Get an Experienced Charleston Failure To Appear Attorney in Your Corner

Dayne Phillips at Price Benowitz is a formidable Charleston failure to appear lawyer whose experience and commitment to his clients leave him well-suited to help you avoid the negative consequences associated with failing to appear in court. We are here to help. Do not hesitate to contact us today.