Missing a court date is a crime, and while it can happen for various reasons – from unavoidable emergencies like a car breakdown or medical issues, you should treat the situation seriously.
Failing to appear in court, whether for an arraignment or another hearing, can result in serious consequences in Virginia. Understanding these outcomes can help you better navigate the legal system and minimize potential penalties. In the following blog, we examine Virginia law regarding missing court appearances, the consequences, and the steps one can take to address the situation.
Consequences of Missing a Court Date in Virginia
Failing to appear in court (commonly referred to as "failure to appear" or FTA) does have repercussions. The severity of the consequences largely depends on the nature of the case, whether it's a misdemeanor or felony, and your ability to provide a valid explanation for your absence.
You Can Be Tried in Your Absence: If you fail to appear for a scheduled court date, Virginia law permits the court to proceed with the trial without you present. This means:
- The trial will proceed normally, focusing on the available evidence and testimonies.
- You will not be able to defend yourself, provide explanations, or offer mitigating factors, which could result in a more severe judgment.
To address the consequences of being tried in your absence, you can file either an appeal or a motion to rehear:
- Appeal: Most Virginia District Courts allow you to appeal the court's decision within 10 calendar days of the judgment.
- Motion to Rehear: If the appeal window has passed, you may still request a rehearing by filing a motion within 60 days. The court will review your reasoning and decide whether to rehear the case.
You’ll Need to Show a Valid Reason for Missing Court: When you file an appeal or a motion to rehear, the court often issues a document known as a Rule to Show Cause for Contempt of Court. While this is not an arrest warrant, it does require you to:
- Appear before the court and explain why you failed to show up for your scheduled date.
- Provide a valid and justifiable reason for missing court. Examples could include medical emergencies or unavoidable circumstances backed by documentation.
If your explanation is deemed insufficient or unjustifiable, you could face penalties for contempt of court. This may include fines or jail time, depending on the circumstances.
A Warrant for Your Arrest May Be Issued: Repeatedly failing to appear in court can lead to the court issuing a Capias (a warrant of arrest for failure to appear). This arrest warrant exposes you to additional charges, which will likely worsen the outcome of your original case. Key considerations include:
- How the Warrant is Served: Law enforcement can apprehend you at your home, during a traffic stop, or even at work, significantly impacting your personal and professional reputation.
- Added Charges: The FTA may result in new criminal charges, which would add legal complexity and potential penalties to the original case.
Avoiding the issuance of a warrant should be a priority. If a warrant has already been issued, seeking legal counsel promptly is essential for addressing the situation effectively.
Penalties Depend on the Type of Case
Virginia law divides the penalties for failure to appear based on whether the original case involves a misdemeanor or a felony.
These classifications are outlined under Virginia Code §19.2-128:
- Misdemeanor Cases:
- Failing to appear is charged as a Class 1 misdemeanor.
- Penalties include up to 12 months in jail and/or a fine of up to $2,500.
- Felony Cases:
- Failing to appear is charged as a Class 6 felony.
- Punishment includes up to 5 years in prison and/or a fine of up to $2,500.
For felony cases, additional consequences often arise. For example:
- If you had a secured bond before your initial court date, the court may revoke your bond upon your re-arrest. You might remain in custody until your case is resolved.
- Felony FTAs can create challenges that compromise your ability to defend yourself effectively.
What Should You Do if You Miss Court?
If circumstances beyond your control caused you to miss a court date, acting swiftly can help limit the consequences.
- Contact the Court Immediately: Notify the court clerk immediately after missing your court appearance. Explain the situation and ask for the next steps. This proactive approach could reflect positively on you.
- Prepare Evidence of Valid Reasons: If legitimate reasons (like illness, emergencies, or unavoidable conflicts) caused your absence, gather evidence such as:
- Doctor’s notes or hospital records
- Police reports (e.g., for accidents)
- Documentation of sudden and unexpected emergencies
- File a Motion to Rehear (if applicable): If you were tried in your absence and convicted, submit a motion to rehear as soon as possible within the required timeline. This offers the court a chance to reevaluate the case, providing you with the opportunity to present your defense effectively.
- Seek Legal Counsel: Whether you’re trying to handle an FTA warrant, file an appeal, or resolve an ongoing case, consulting with an experienced criminal defense attorney is critical. They can guide you through the legal nuances and present your case effectively.
- Avoid Repeat Offenses: Missing another court date after your initial FTA compounds the legal consequences exponentially. Always prioritize future court appearances and set reminders to avoid any missteps.
Best Practices to Avoid Missing Court
Attending court is a serious responsibility, and missing your appearance can have significant consequences. These practical tips will help you stay prepared and ensure you’re ready for your court date.
- Mark Your Calendar: Use digital tools like phone reminders or physical calendars to keep your court date front and center. Set multiple alerts to ensure you’re prepared well in advance.
- Plan Your Day Early: Arrange transportation, childcare, and any other responsibilities ahead of time. Research potential delays, such as traffic or public transit issues, and have a backup plan ready.
- Stay in Touch with Your Attorney: Keep regular communication with your lawyer. They can clarify what to expect and help you stay organized for your court appearance.
- Inform the Court of Conflicts Quickly: If something unavoidable comes up, like a medical emergency, contact the court as soon as possible to discuss rescheduling options. This helps demonstrate responsibility.
- Double-check the Details: Confirm your court date, time, and location. Misreading instructions is a common but avoidable mistake.
- Prepare the Night Before: Lay out everything you’ll need, including paperwork and identification. This will save you from scrambling in the morning.
By staying proactive and organized, you’ll minimize the chance of missing your important court date.
The Main Take Away: Court Dates are Serious
Missing a court appearance in Virginia can lead to serious consequences, including fines, jail time, and damage to your legal and personal reputation. Failing to appear (FTA) in court can lead to serious consequences, including being tried in your absence, facing arrest warrants, and dealing with harsher penalties. These issues can greatly complicate your case.
That said, every situation is unique. Providing valid justifications for your absence and seeking professional legal counsel can drastically improve your outcomes. Remember, the court system values honesty and proactive measures. If you’re dealing with the aftermath of a missed court date, act quickly, present your case thoroughly, and avoid repeating the same mistake.
If the team at The Law Offices of Daniel J. Miller can help you with this or any other matter, please call us at (757) 267-4949 or contact our team online today.