Hopewell Failure to Appear Lawyer
When the court tells someone to appear and that person does not, the judge may be unhappy and can use the powers of the court to punish that person for the criminal offense. This could include jail time and other penalties.
The court may summon someone to present themselves in court or a person may volunteer to come in exchange for being released from police custody. Even if the case or charges are ultimately dismissed, the court may still choose to punish the person who did not show up.
If you are concerned that you missed a court-ordered appearance, you may require the services of a Hopewell failure to appear lawyer. The court may have issued a bench warrant which means you could be arrested at any time if the police find you. Speak with an aggressive defense attorney to learn about how you may be able to deal with the issue quickly and with the least amount of inconvenience.
Failure to Appear Laws
If a person does not come to court when ordered, that is a criminal offense which is separate from any other charges which may be pending. The judge will normally issue a bench warrant, which allows the police to arrest the person whenever the police come across that person. While the police typically will not actively search for the person, they may arrest the person during a normal traffic stop. Individuals are recommended to contact a Hopewell failure to appear lawyer immediately after they miss their court date.
Penalties for Failure to Appear
If the court released a person on a bond and that person failed to show up as required, the court may find that the person forfeited their bail, as noted in Code of Virginia §19.2-128. This will not occur if the person shows good reason for not coming to court as directed or the court finds that it would not be just to keep the pledged money.
Felony Failure to Appear
If the government had charged someone with a felony and that person did not appear in court as required, that is a Class 6 felony. The same rule applies if the court convicted the person of a felony and that person was released with instructions to come back for another appearance. Punishment for a Class 6 felony may include over a year of jail time and a fine of up to $2,500.
Misdemeanor Failure to Appear
If the government had charged someone with a misdemeanor and that person did not appear in court as required, that is a Class 1 misdemeanor. The same punishment would apply if the court convicted that person of the misdemeanor and that person failed to show up at court later as required. The punishment for not coming to court is a Class 1 misdemeanor. The judge may also issue a citation for contempt of court which can include up to ten days of jail time and a fine of up to $250. A diligent attorney could help individuals understand their options to fight criminal charges.
Dealing with a Failure to Appear
It may be easier to avoid the contempt of court charges for failing to appear in court before an arrest is made. A Hopewell attorney may be able to have the failure to appear bench warrant dismissed and explain to the court why the defendant was unable to make it to the court date.
Let a Hopewell Failure to Appear Attorney Assist
If you believe you may miss a court appearance, consider enlisting the help of an attorney before the court date. Your representative may be able to have the court date moved so that you can avoid any issues.
If you have already missed a court hearing, you may want to reach out for help so you can avoid the police arresting you at an inopportune time. A Hopewell failure to appear lawyer may have various suggestions that may aid you obtaining the best possible outcome.
