What Should I do if I Miss a Court Date in St. Petersburg?

What Should I do if I Miss a Court Date in St. Petersburg?

Missing a court date can be a scary situation. You may be worried about getting arrested, extra fines, or even a warrant for your arrest. Try not to panic. There are steps you can take to remedy the situation.

First, contact the court right away and explain why you missed your court date. Be honest and take responsibility. The court may reschedule your hearing if you have a valid reason like an illness, death in the family, or car trouble. Bring any evidence you have to back up your claim.

Next, hire a lawyer if you don’t already have one. An experienced criminal defense attorney can help negotiate with the judge and prosecutor on your behalf. They may be able to get the warrant lifted or new court date scheduled without you having to turn yourself in.

What Happens If I Miss Court in St. Petersburg?

If you miss a court date in St. Petersburg, a few things could happen:

• The judge may issue a bench warrant for your arrest. This allows police to detain you and bring you before the court.
• You may be charged with contempt of court, a misdemeanor offense.
• Additional fines and penalties may be added to your case.
• You could end up with a criminal conviction if the court proceeds without you there and you are found guilty.
• Your driver’s license may be suspended.

The consequences really depend on the judge and the circumstances. A warrant doesn’t necessarily mean you’ll be arrested right away. Police have discretion on whether to actively look for you or wait until your next encounter with law enforcement.

Turn Yourself In

If you have a warrant, turning yourself is often the best option. Call the court or sheriff’s office to find out if there is a warrant and arrange to turn yourself in. The judge may recall the warrant and simply reschedule your court date. It’s much better to handle it proactively than end up getting arrested unexpectedly later on.

When you turn yourself in, the police will process you by taking fingerprints and a mugshot. You will also have to post bail or bond money if the judge requires it. A bondsman can front the money for a 10% fee if you can’t afford the full bail amount. An attorney can help get the bail reduced or waived.

Request a Recall of the Warrant

Your lawyer may be able to get the warrant recalled so you don’t have to be arrested. They can file a motion explaining why you missed court and asking the judge to reschedule it. The judge may grant the request and recall the warrant, essentially cancelling it out. This isn’t guaranteed, but is more likely if you have a good reason for missing court.

File a Motion to Quash the Warrant

Another option is to file a motion to quash or set aside the warrant. This asks the judge to determine the warrant was improper and make it invalid. Your attorney will argue there was no probable cause for the warrant or a violation of due process.

To get a warrant quashed, you generally need proof you didn’t get proper notice of the court date or there was a mistake in issuing the warrant. This is not easy to do, but an experienced lawyer may find grounds to challenge it.

Wait It Out

If you have a minor warrant for a misdemeanor or non-violent offense, you may be able to just wait it out. The police may never catch up to you, and some warrants expire after a certain time period. This is risky though because you could be arrested at any time. It’s better to clear up the warrant instead of waiting.

What Should I Do Before My Court Date?

To avoid missing your court date, be sure to:

• Write down the exact date, time, and location of your court hearing.
• Request time off work well in advance.
• Arrange transportation to the courthouse.
• Gather important documents like your ticket or paperwork about your case.
• Contact your lawyer to confirm they will be attending with you.
• Set reminders on your phone and calendar so you don’t forget.
• Plan to arrive early, as you’ll have to pass through security.

Following these steps will help ensure you make it to your court date on time and are prepared. If something comes up, contact your attorney immediately to see if the hearing can be rescheduled.

What Should I do on My Court Date?

When you go to court:

• Dress respectfully – no shorts, tank tops, ripped jeans, etc.
• Be polite to court staff, the judge and attorneys.
• Do not chew gum, eat, or use your cell phone in court.
• Stand when the judge enters and leaves the courtroom.
• Address the judge as “Your Honor.”
• Avoid interrupting the judge or attorneys.
• Speak only when addressed by the judge.
• Be honest when asked questions or testifying.

Listen carefully to your attorney and follow their advice. Be prepared to accept a plea deal or proceed to trial. Stay calm and avoid losing your temper. Making a good impression can help your case.

What Happens at Arraignment?

The arraignment is your first court appearance after being arrested. You will be formally notified of the charges against you. The judge will also consider bail, appoint counsel if you can’t afford a lawyer, and ask how you plead.

There are three types of pleas:

1. Not Guilty – You deny the charges and will proceed to trial.
2. Guilty – You admit the charges and accept punishment.
3. No Contest – You don’t dispute the charges but also don’t admit guilt.

Your lawyer can advise which plea to enter. Pleading not guilty preserves your right to trial. Once you enter a guilty or no contest plea, you waive certain rights.

Should I Accept a Plea Deal?

Prosecutors often offer plea bargains to resolve cases efficiently. This involves pleading guilty in exchange for a lighter sentence or dropped charges. There are pros and cons to accepting a plea deal:

Pros:

• Lesser charges and penalties than if convicted at trial.
• Avoid the time and expense of trial.
• Quick resolution so you can move on.

Cons:

• Pleading guilty can feel wrong if you are innocent.
• May have a criminal conviction on your record.
• Judge may not fully honor the plea agreement.

Discuss any plea offers thoroughly with your attorney. They can help negotiate the best deal and advise if it’s your best option compared to trial.

What Happens at Trial?

If you plead not guilty, your case will go to trial before a judge or jury. The prosecutor must present evidence and witnesses proving your guilt beyond a reasonable doubt. As the defendant, you can also testify and present witnesses, but are not required to.

The trial process generally includes:

• Jury selection – Attorneys question and select jurors if you have a jury trial.
• Opening statements – Lawyers outline the case they will present.
• Witness testimony and evidence – Witnesses testify and physical evidence is presented.
• Closing arguments – Attorneys summarize their side of the case.
• Jury deliberation – The jury discusses the case and votes on a verdict if you have a jury trial.
• Verdict – The judge or jury announces if you are guilty or not guilty.

If found guilty, the judge will impose a sentence. If acquitted, you are free to go. Your lawyer’s trial skills are crucial to getting a not guilty verdict.

What Happens at Sentencing?

If you plead or are found guilty, the final step is sentencing. The judge will impose penalties like jail time, fines, probation, community service, or rehabilitation programs. Sentencing factors include:

• State sentencing guidelines and mandatory minimums.
• Your criminal history.
• Victim impact statements.
• Your age, employment, and community ties.
• Any mitigating circumstances.

For serious or complex cases, the judge may order a presentence investigation report before imposing a sentence. Your attorney can request leniency and present mitigating evidence at your sentencing hearing.

How Can I Get the Best Outcome in My Case?

Tips for getting the best outcome include:

• Hire an experienced local criminal defense attorney.
• Follow your lawyer’s advice at every stage.
• Be cooperative with your attorney and truthful about your case.
• Get character references to show the judge.
• Dress neatly and behave respectfully in court.
• Express remorse and take responsibility for your actions.
• Highlight positive steps you’ve taken like counseling.
• Provide proof of employment, education, or community service.
• Don’t post about your case on social media.

The outcome really depends on the facts of your case and strength of the evidence. But having an aggressive lawyer fighting for you can make a huge difference. Be patient, trust your attorney, and don’t do anything to make your situation worse.

What Should I Know About Bail and Bond?

Key facts about bail and bond:

• Bail is money deposited to the court to secure your release from jail pre-trial.
• The judge sets bail during your first appearance based on the charges and your flight risk.
• Bond is the full bail amount. You can pay bond yourself or use a bail bondsman.
• A bondsman will post bond for a 10% nonrefundable fee, allowing you to get out of jail.
• Bail can be reduced if you have an attorney request a bail hearing.
• You get the bail money back if you show up for all court dates.
• Skipping bail will result in arrest and loss of the bail money.

Coming up with money for bail or a bondsman can be difficult. An attorney may help get you released on your own recognizance or into a pretrial supervision program instead.

What are Your Options for Legal Representation?

If you can’t afford a private attorney, options include:

• Public defender – Court-appointed attorneys who represent indigent defendants. They handle a high caseload but the representation is free.
• Court-appointed lawyer – Private attorneys appointed by the court and paid an hourly rate or flat fee per case.
• Pro bono lawyer – Private attorneys who take certain cases for free as public service.
• Legal aid organizations – Provide free legal assistance to low-income people.
• Law school clinics – Law students provide legal services under attorney supervision. This is free or low cost.
• Self-help centers – Provide information, forms, and limited legal advice to assist people representing themselves.
• Online legal services – More affordable options for legal help and document preparation online.
• Payment plans – Some private attorneys offer payment plans to spread costs over time.

Explore all your options and choose legal representation that fits your situation. Public defenders handle a high volume of cases, so a private attorney may provide more individual attention. Look for an attorney experienced in handling failure to appear cases and warrants.

Some legal aid organizations like Bay Area Legal Services may provide assistance if you meet income eligibility requirements. Self-help centers can also point you toward useful resources.

Hiring a private criminal defense lawyer provides the best chance at getting your warrant withdrawn and avoiding severe penalties. Look for someone affordable but don’t sacrifice quality representation.