What if I Miss My Court Date While Out on Bail?

What if I Miss My Court Date While Out on Bail?

Missing your court date while out on bail can have serious consequences. Your bail could be revoked, meaning you’ll likely be arrested and held in jail until your case is resolved. A warrant could also be issued for your arrest. But all hope isn’t lost – there may still be defenses or options available depending on why you missed court and what steps you take next.

Bail is Revoked

If you miss a court date while released on bail, in most cases the judge will revoke your bail at the next hearing. This means the bail money you or a bail bondsman paid to the court will be kept and you’ll be taken into police custody.

Judges tend to see missing court as violating the terms of your release from jail while awaiting trial. It shows a lack of responsibility and accountability on your part, as well as potential flight risk if you already dodged one court date.

If bail is revoked, you’ll be held in jail until your criminal case finishes – whether through dismissal, plea bargain, or trial verdict. This jail stay could last days, weeks or even months depending on the court’s schedule.

Arrest Warrant Issued

In addition to revoking bail, the judge will almost always issue a bench warrant for your arrest when you miss a court appearance. This means police officers and sheriff’s deputies will be on the lookout for you to take you into custody.

If pulled over for a traffic violation or contacted by police for any reason, this warrant will show up when they run your name through their computer system. So you may be arrested on the spot.

To avoid inadvertently being arrested, it’s wise not to have any contact with law enforcement after missing your court date until you get the warrant cleared up.

Getting Bail Reinstated

If bail is revoked, your defense attorney can file a motion asking the judge to reinstate bail. However, it will be an uphill battle trying to convince the court you deserve another chance at release pending trial.

Your lawyer will need to provide evidence and arguments showing:

• You aren’t likely to miss another court appearance
• You have strong ties to the community that reduce flight risk
• Circumstances beyond your control caused you to miss court
• You were confused about the correct court date
• You can be safely released without endangering others

An apology to the court and promise it won’t happen again also can’t hurt. But even then, don’t be surprised if the judge sides with caution and orders you to stay in jail for the remainder of the case.

Getting the Arrest Warrant Lifted

To get the arrest warrant lifted, you’ll need to voluntarily surrender at the court that issued the warrant. Alternatively, police may arrest you first if they discover and execute the warrant.

In court, you’ll be formally notified about the charges against you and bail revocation. If bail is set again, you or your bail bondsman will have to post another bail bond to secure your release.

Your lawyer can file a motion asking the judge to recall or quash the warrant, essentially cancelling it. However, you’ll still need to show up and explain yourself to get back in the court’s good graces.

Defenses for Missing Court Dates

All hope isn’t lost if you miss a court date on bail. Valid defenses exist that your attorney can raise to mitigate the consequences. For example:

• Lack of Notice – If you never received notice of the correct court date, it’s unfair to punish you for not showing up when expected.
• False Court Date – If someone in authority (like your lawyer or court clerk) gave you the wrong date, that could excuse the absence.
• Serious Accident or Illness – If something unexpected and incapacitating prevented your court appearance, it may be excusable.
• Severe Weather or Natural Disaster – If getting to court would have put you in danger, that may justify missing the hearing.

While these defenses don’t always work, they might persuade the judge to reinstate bail or drop the arrest warrant. It’s essential your lawyer investigates the circumstances and advocates strongly on your behalf.

Consequences of Missed Court Dates

Beyond bail revocation and arrest warrants, other consequences can stem from missing court while out on bail:

• It will severely damage your credibility and trustworthiness in the eyes of the judge and prosecutor.
• The prosecutor may refuse to offer a favorable plea bargain after losing confidence in you.
• Any plea deal or bail terms may become much less attractive after violating the court’s trust.
• It makes it much harder to get bail in the future if you get arrested again before trial.
• You may face additional criminal charges for bail jumping or failure to appear.

Getting Your Case Back on Track

If you missed your court date but want to resolve your criminal case, taking the following steps can help get things back on track:

1. Consult with your criminal defense attorney about the best options.
2. Voluntarily surrender to the court to get the warrant lifted.
3. Request bail reinstatement and explain why you missed court.
4. Provide evidence you aren’t a flight risk if released on bail again.
5. Ask the judge to recall the warrant by filing a motion.
6. Prepare your defenses for why you missed your court date.
7. Negotiate a continuance to reschedule your court date if necessary.
8. Be contrite, accountable and present a plan ensuring it won’t happen again.

While missing court on bail causes serious scrambling, it doesn’t have to derail resolving your case with an acceptable outcome. An experienced criminal lawyer can help get you back on track.

Getting a New Court Date

After addressing the warrant and bail issues stemming from a missed court appearance, the next step is getting a new court date.

Your lawyer can file a motion for continuance, which asks the judge to reschedule your case’s criminal hearing or trial date. However, depending on the court’s schedule and reason for missing court, the new date may be months away.

Be prepared to wait in jail for that next court date if your bail status remains revoked after surrendering to the court. The judge also may impose additional conditions if reinstating bail, like GPS monitoring or home detention.

Should You Hire an Attorney?

Trying to navigate the court system after missing a date while on bail can be extremely complicated, with high stakes riding on the outcomes. That’s why hiring an experienced criminal defense lawyer is so crucial.

An attorney can advocate for your bail reinstatement, warrant recall, defenses and continuance requests. They also can negotiate with the prosecutor, steer you clear of further charges, and work toward resolving your case favorably despite the violation.

Without skilled legal help, you risk extended jail stays, unaffordable bail terms, unattainable plea bargains, and harsher sentences. Don’t go it alone after missing court on bail – hire a lawyer.

What Should You Do Next?

If you missed a court date while on bail, take these steps without delay:

1. Consult an experienced criminal defense attorney
2. Prepare your defenses and evidence supporting them
3. Voluntarily surrender to the court that issued the warrant
4. Request bail reinstatement and warrant recall
5. Get a new court date continuance filed
6. Work with your lawyer to resolve your case favorably

Staying out of jail, avoiding additional charges, and working toward the best case resolution possible should be your priorities. An adept lawyer’s help can make all the difference.

Don’t panic or flee if you missed court while on bail – take constructive steps to get your case back on track. The consequences don’t necessarily have to be devastating if you act wisely.