Sometimes, emergencies and obligations come up, and your schedule can completely shift without notice. When someone misses a court appearance for any reason, it is called Failure to Appear (FTA). The consequences for missing a court date depend on how you choose to move forward.
You must talk to a qualified criminal defense attorney if you miss a court date. No matter what the reason is, you still have legal rights. Criminal records can affect your entire life trajectory, including job opportunities or where you can live. A Metairie failure to appear lawyer can navigate the legal system and argue that you should face minimal consequences for not showing up to your court date.
Consequences for Failing to Appear in Court
A FTA charge is considered a misdemeanor, which can result in various consequences.
For example, a judge could issue a bench warrant, a document that demands a person’s arrest and appearance in court. This warrant authorizes law enforcement to take the person into custody whenever they are found.
Someone who misses a court date may also receive a misdemeanor charge called contempt of court, a legal violation that occurs when someone disobeys or disrespects a court of law or its officers. This can result in fines or jail time.
When a person is released on bail or bond, failure to appear usually results in forfeiture of the bond. The person may also be liable for paying the full amount to the court, and the bail company can pursue collections against them.
A judge can also revoke the driver’s license of someone who fails to appear. People are often not aware when this happens, so if they get pulled over by the police, they face driving with a suspended license as an additional charge.
Ultimately, an FTA can affect the outcome of a case. In criminal cases, it may lead to a harsher sentence when the offender is convicted. In civil cases, the judge may issue a default judgment, meaning the other party wins the case by default. An experienced Metairie legal professional can work to mitigate these consequences for anyone who failed to appear at their hearing.
Common Defenses to FTA Charges
A person can use many defenses and tactics when they have an FTA.
One is that they did not intend to evade prosecution. For example, they received a notice without a date or did not receive any notice of a hearing.
Another is that they were facing extraordinary circumstances when they missed the hearing, such as hospitalization, serious family emergencies, or military service. Documentation like hospital records or military orders could help prove this defense, as it shows the FTA was not voluntary.
To avoid missing any major events in a case, an accused person must stay organized and keep track of all important legal dates. Anyone who cannot make the appointed time for their hearing must inform their attorney immediately. They should always tell their attorney about any deadlines and appearances in order to avoid getting in trouble for failing to appear for their hearing in Metairie.
Reach Out to a Metairie Failure to Appear Lawyer for Legal Help Today
When you realize you missed your court date, you must contact a Metairie failure to appear lawyer for help. By not acting, you are only making things worse. Even if you are acquitted of the crime, or your case is dismissed, you could still face the penalties associated with failing to appear before a judge. Call Damon J. Baldone & Associates for help today.
