Sometimes, life gets in the way, and it is easy to forget about the traffic ticket you were issued months ago. You may have been scared about showing up to court and decided to skip your court date. Whatever the circumstances of you missing your court date, it is important to realize that the situation will not go away on its own.
Failure to appear in court is a criminal charge and likely will not go away on its own. The attorneys at Arnold & Smith, PLLC, represent Charlotte-area residents who have missed their court dates and failed to appear or who are facing an order for arrest issued in their cases. Many of these offenses are waivable.
As a result, your appearance in court may not be required if your attorney can appear on your behalf. However, if your case requires you to be present and you fail to come to court, the court may issue a warrant for your arrest or suspend your driver’s license. Speaking to an attorney as soon as possible can help you protect yourself and your interests.
The Fees for Failure to Appear in Court in North CaliforniaEach case of failure to appear in court carries a fee. In many cases, the attorneys at Arnold & Smith, PLLC, are able to ask the judge to strike or eliminate fees for failure to appear in court. If you have already missed your court date, our attorneys may be able to add your case back on for you or have your order for arrest stricken.
Missing a Court Date for a Misdemeanor ChargeIf you have been released from prison on bail for a misdemeanor charge and fail to show up at your court date, you are facing serious potential consequences that must be addressed as soon as possible. First, you could potentially forfeit the bond that was posted. If you put up collateral as a bond, the court can sell it for cash if you miss your court date, and you will likely have to remain in jail until your court proceedings.
If you fail to appear in court, you could be viewed by the court as a higher flight risk and likely will not be allowed to leave on bond. You could be facing additional jail time for failure to appear in court. For example, failure to appear in court for a misdemeanor charge carries a potential jail sentence of up to six months.
In North Carolina, the statute of limitations for a misdemeanor is two years. Failure to appear is a charge in itself, so the timer for the statute of limitations starts once you miss your court date. This is not something you will be able to outrun or that will go away. Working with a criminal defense attorney will help you tackle this issue head-on.
Failure to Appeal for a Felony ChargeUnlike with misdemeanors, there is not a statute of limitations for felony charges. If you fail to appear in a North Carolina court for a felony charge, you may be arrested at any point. If you have failed to appear for a felony charge, it is crucial to address the failure to appear charge as soon as possible. Doing so will help the court see you are serious about resolving the matter.
Failure to appear for a felony charge is considered an additional felony charge that can result in an additional jail sentence of up to eight months for first-time offenders. Remember, the legal issues surrounding failure to appear can be complicated and have a snowball effect of significant consequences. Before your situation spirals out of control, it is best to reach out to an experienced criminal defense attorney.
Discuss Your Case With an Experienced AttorneyIf you are a Charlotte resident and you are facing a Failure to Appear (FTA) or an Order for Arrest (OFA) charge, it is crucial that you hire an experienced criminal defense attorney. At Arnold & Smith, PLLC, our failure-to-appear attorneys welcome the opportunity to assist you and help you understand the charges against you.
Our experienced attorneys will sit down with you during your consultation and help you determine your best options for moving forward. We prioritize communication with our clients and will answer any questions you have and help you understand your options so you can make informed decisions about your case. Do not hesitate to contact Arnold & Smith, PLLC, to schedule a complimentary case evaluation and learn more about your legal options.