FAQ

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.

You recently forgot your court date. Maybe because you had a medical emergency, a vehicle breakdown, or were just scared of the verdict. You probably know that your actions must have some consequences, but you do not know what they are or how severe they can get. Well, the purpose of this article is to explain what happens if you miss an arraignment or what happens if you fail to appear in court in the state of Virginia.

You Can Be Tried While You are Absent

Firstly, there is a chance of you being tried while you are absent. In this scenario, the normal court preceding will generally take place as it usually does in any other case, except that you will not be there to defend yourself, which might increase the chance of the final ruling being more severe than it would have been if you were there to defend yourself if you are found guilty. To reverse this, one must file an appeal or “a motion to rehear”. The District Courts of the state of Virginia usually require one to file an appeal within ten calendar days. A motion to Rehear the case can be filed within sixty days.

You Will Be Asked to Show a Valid Reason

When you are appealing or filing a motion to rehear, the court might issue you with a "Rule to Show Cause for Contempt of Court". Although this is a misdemeanor summons, and you might not get physically arrested following this issue, you will be asked to explain why you did not appear in court. So, can you go to jail for not appearing in court? Probably yes! For example, if you do not provide a valid and justifiable reason for not appearing, the judge can convict you by imposing a jail time or a fine on the ground of "contempt of court".

You can Be Re-Arrested, Fine and/or Jailed

Nevertheless, suppose you repeatedly do not appear. In that case, a court can issue a warrant of arrest for failure to appear (FTA). This is technically referred to as a "Capias" in the legal profession. It is usually issued in your absence. A warrant of arrest on the basis of FTA usually exposes one to new charges, which might worsen the final verdict in your initial case. What makes it even more worrying is the fact that it can be served to you at your residence, traffic stops or workplace. So, unless you want to alter your reputation significantly, you need to avoid the possibility of this ever happening as much as possible.

It Depends on the Type of Case

In General, the penalties for not appearing in court in the state of Virginia is typically charged under Virginia State Code §19.2-128 as a misdemeanor - specifically, a class 1 misdemeanor. It is usually punishable by up to twelve months of jail. In terms of fines, the amount can go up to $2,500.00.

This, however, worsens in the case of a felony charge. In such a case, the failure to appear in court is charged as a class 6 felony action in Virginia. This is punishable by up to five years of jail and can include a fine amounting to a maximum of $2,500.00.

A failure to appear in court in a felony case can attract other legal severe consequences. For instance, those that had secured a bond can typically have their bond status revoked when they are re-arrested following the issuing of a warrant arrest following the FTA. The person will therefore have to spend days, weeks, and sometimes months in jail awaiting the final ruling of their cases.

However, if you are in a position to provide a valid justifiable reason for your absence, the judge can dismiss the "Rule of Show Cause for Failure to Appear" and set another hearing date and time. This means victory to your file for "a motion to rehear", in which case the initial ruling made in your absence can be revoked and replaced with a new verdict should you present justifiable reasons that can validate the court to alter the initial verdict.

In conclusion, the consequences of failure to appear in court in the Commonwealth of Virginia are severe depending on the case. These consequences range from fines to jail terms and time and resource wastage as one tries to file an appeal or a motion for rehearing. As such, one must try to avoid such a scenario as much as possible unless it is unavoidable. Unreasonable and unjustifiable missing an arraignment or court appearance in Virginia will only make matters worse for anyone. In case of unavoidable circumstances, one should ensure they have enough evidence to present in court to enable them to win a motion of rehearing and avoid being charged with contempt of court.

Order in the court! Crime dramas have been a popular mainstay of the silver screen since the early 1930s. Unlike traditional mystery stories, these procedurals primarily focus on law enforcement divisions investigating watered-down whodunits in order to arrest the perpetrator-of-the-week. Many of these shows aim for realism by attempting to accurately portray forensic investigations, interrogations, and even autopsies. However, quite frankly, the true day-to-day lives of investigators just isn’t that entertaining to the casual at-home viewer. For this reason, writers and directors are willing to take great creative liberties to produce a series that wins the ratings race.

Although these inaccuracies and fabrications makes a story more interesting, they also create dangerous misconceptions about the criminal justice system. If you’re a defendant, you can’t use NCIS or Law & Order as your only frame of reference. If you aren’t careful, you may make a mistake that jeopardizes your entire case.

To set the record straight, the attorney at The Law Offices of Daniel J. Miller has compiled a list of criminal justice myths you likely learned from your favorite police procedurals.

Myth #1: Fingerprint Evidence is Foolproof

In the world of television, a police officer can use fingerprinting techniques or equipment to identify prints and arrest a criminal. In the real world, latent prints are often incomplete and smudged, leading examiners to have a significant error rate.

Myth #2: You Only Get One Phone Call

This myth is commonly perpetuated by dramatic television characters. How often have you watched a TV cop tell a resigned detainee that they better make their one phone call count? 

So, if you’re been arrested, who are you going to call?

• Your family?
• Your lawyer?
• Your neighbor?
• Your rich best friend?

The right answer is that you can call anyone you want. A detainee isn’t limited to just one phone call. However, it’s important that you don’t abuse this privilege. Law enforcement officials are usually fairly generous so long as you explain why you need to make a certain call.

Myth #3: DNA Is the Ultimate Problem Solver

An overplayed plot device in most procedurals is when a detective or forensics team discovers a suspicious nail clipping or strand of hair that they collect for DNA testing. Within a few short minutes, that little piece of evidence completely solves the case. While it’s true that DNA testing has led to both convictions and exonerations, it isn’t the quick and easy process Hollywood makes it out to be. In reality, finding a clean DNA sample is incredibly rare, and test results can take weeks or even months.

Myth #4: Your Miranda Rights

As the investigation comes to a close, the plucky detective and her hardboiled partner arrest the perpetrator with a snappy one-liner and a speedy rendition of the Miranda rights. In reality, cops don’t necessarily have to recite the Miranda rights right when they slap the handcuffs on a suspect. For instance, a law enforcement official may only read someone their rights if they’re going to be subjected to questioning. This way the detainee can request to have an attorney present. In this situation, the police have to stop questioning the subject until a lawyer is retained. Regardless, you don’t want to run your mouth and give them anything to work with, either.

Arrested for a Crime? Schedule a Consultation

If you’re facing criminal charges, contact The Law Offices of Daniel J. Miller. Our attorney has a comprehensive understanding of the criminal justice system and the various protocols associated with an investigation. By evaluating your defense options, we can develop an effective legal strategy that represents your best interests both in and out of court.

Contact The Law Offices of Daniel J. Miller at (757) 267-4949">(757) 267-4949 to schedule a free consultation.

If you have been convicted of a sex crime, you may have been ordered to register the Virginia state sex offender registry. Registration can have social, economic, and other consequences for offenders, so many people want to know how they can get relief from registration. Below, we cover the legal process of having your name removed from the registry database.

Removal of Name and Information From the Registry

The Code of Virginia § 9.1-910 provides a way for sex offenders to have their name and identifying information removed from the registry. There are several restrictions and eligibility requirements that must be taken into account when petitioning for removal.

Individuals Restricted from Removal:

• Those convicted of a sexually violent offense.
• Those convicted of two or more offenses requiring registration.
• Those convicted of murder.

Eligibility Requirements for Removal:

• Have been registered for a minimum of 15 years (25 years for specific offenses).
• Have completed any court-ordered counseling, treatment, and restitution.

A petition must be filed with the circuit court in which you were convicted or in the circuit court of the jurisdiction you live in to have your name and identifying information removed. The court that was petitioned will hold a hearing to evaluate the petition and any evidence presented by the petitioner and any interested parties. If the court determines that there is enough evidence that the petitioner is no longer a risk to public safety, the petition will be granted, and the identifying information will be removed from the registry. If the petition is denied, the petitioner must wait 24 months before submitting a new petition.

Get Help with Your Sex Offender Registry Removal Petition

Removal from the state sex offender registry can free a person of the stigma of registration, and lift the restrictions they have been forced to face. At The Law Offices of Daniel J Miller, we are committed to protecting the rights of those convicted of sex crimes. Helping our clients find relief from registration is one way we strive to restore our clients’ rights. Over 25 years of experience our sex crimes lawyer can help you reclaim your life.

Contact our firm to schedule a free case evaluation. Call (757) 267-4949">(757) 267-4949 today.

According to The Free Dictionary's Legal Dictionary, "possession may be actual, adverse, conscious, constructive, exclusive, illegal, joint, legal, physical, sole, superficial, or any one of several other types." In this blog, we will define actual possession and constructive possession and explain the differences between the two types of possession.

What Is Actual Possession?

"Actual possession" is what most people think of when talking about drug possession charges – meaning that a person has the substance in their physical possession.

Charges of "actual possession" can occur if you are found by police and appear to have direct, physical control over drugs or other illegal substances. Examples of actual possession include having drugs in your hand or in your pocket, or having direct contact and control of the drugs in any way.

What Is Constructive Possession?

"Constructive possession" is more of a theory that is used in cases where a person does not have direct control of a drug or controlled substance. In cases of constructive possession, a person may instead have indirect access to and/or knowledge of the drugs in question.

Constructive possession happens when you do not have physical possession of a drug, but do have:

• Knowledge of the drug's presence on or around your property.
• The ability to maintain dominion or control over the illegal substance.

Individuals and groups can both be charged with constructive possession for the same substance. For example, two different people can be charged for the same bag of cocaine if they are living in the same house.

Simply being close to a drug or controlled substance is not enough to warrant a constructive possession charge. You need to have known of its existence and/or had indirect control over it.

Need a drug possession lawyer in Virginia Beach? Contact us online or call (757) 267-4949">(757) 267-4949 now!

How Is “Knowledge” and “Ability to Maintain Dominion & Control” Defined?

Under constructive possession laws, "knowledge" is defined as:

• Awareness of the substance on or around your property. This awareness can be inferred from incriminating facts or circumstances.
• Knowing the illegal status of the drug or substance.

A person’s ability to maintain dominion and control can be interpreted differently in each state. Usually, a person will be charged with constructive possession if they knowingly had the power and intention, either directly, indirectly, or through another person, to control the whereabouts of the illegal substance.

Our Drug Possession Attorney Is Ready to Help You

Both types of convictions can result in jail time, expensive fines, and a criminal record that will follow you well into the future. Drug-related charges are extremely fact-specific, which is why you should hire experienced legal representation if you are facing possession charges.

At The Law Offices of Daniel J. Miller, we provide our clients with exceptional legal guidance tailored to their unique needs. Our drug possession lawyer can help navigate you through the complexities of the legal system and get you the justice you deserve. We are here for you when you need us most.

Call (757) 267-4949">(757) 267-4949, or contact our attorney for your free consultation.

We have all seen red light cameras posted at the busiest intersections of just about every city and town in Virginia. So common are these cameras that if you have never been photographed by one yourself, you most likely know someone who has been.

From the very beginning, the purpose and prominence of these red light cameras was controversial. Some people felt they were an invasion of privacy, and more still thought it was unjust to allow an automated system to more or less dole out criminal punishment. How do these cameras work, and why might it be a problem?

Whenever someone allegedly rolls through a red light illegally, a posted camera will snap a shot of the license plate, the car’s body, and the driver within, create a file, and send it off to the police station. An officer there is meant to review the files and approve the ones that seem valid. Only, with uncounted pictures snapped each day, the concern is that an unreasonable amount of pictures are being approved, each one generating an automatically mailed citation to the home of the driver.

Other legitimacy issues arise when considering that a camera does not have the ability to use judgemental discretion and is prone to mechanical and programming errors. That is to say, it could easily take a picture when someone is driving legally through a yellow or green light. In most cases, the pictures are framed in such a way that it becomes impossible to tell if the traffic light was actually red for that driver. With this in mind, there is a chance that anyone could receive a citation in the mail despite never actually running a red light.

No Police Officer, No Crime?

Within Virginia’s legal statutes regarding red light camera tickets, there is an interesting provision, which states that the law “ultimately requires a personal notification.” What does this mean and why is it important?

Red Light Camera Ticket Rules

In effect, the law states that a mailed citation generated by a red light traffic ticket might not be legally binding due to the lack of personal notification from a police officer or service processor.

However, you should never make the assumption that a mailed citation can be ignored. Instead, talk with a criminal defense attorney about the citation and go from there. If you have questions about red light traffic citation or another ticket for a serious traffic-related infraction, contact our lawyers at The Law Offices of Daniel J Miller to explore your options.

A single driving under the influence (DUI) conviction in Virginia can be enough to strip you of your driving privileges, as well as put you behind bars and remove thousands from your finances in fines paid to the state. Needless to say, it is crucial that you always do what you can to protect yourself from the heavy, and often overzealous, hand of the law. A good starting point in any criminal defense case is retaining the services of a professional defense attorney. But where do you start with that task? Picking a reliable DUI attorney can be a challenge in and of itself, unless you know a few smart tips.

When you are looking for a DUI defense lawyer, keep these considerations in mind:

• Experience: There is no substitute for real experience handling DUI defense cases. An attorney can read all the books in the world about DUI defense but know less than a newcomer who has actually managed just one for a client. Try to find a lawyer who has both many years of legal experience and a history of DUI cases successfully handled.
• Focus: While you are looking a Virginia DUI defense lawyer, you are bound to come across many law firms that handle criminal defense cases as well as family law, immigration law, personal injury claims, and all other types of practice fields. This might be a fair way to run a law firm but it is not ideal for someone who needs just a DUI attorney. Finding a legal professional that intentionally focuses on criminal defense and that’s it will prove to be your benefit.
• Communication: Don’t you hate it when friends and family keep you out of the loop for plans, hangouts, and the like? It happens to all of us, but it certainly should not happen when considering something as important as your rights and driving privilege. Only work with a lawyer that will actually makes an effort to keep you in the loop as your case pans out.
• Reputation: A lawyer who knows what they are doing will catch the attention and collect the praise of past clients and professional organizations. If you can browse a DUI attorney’s awards and client testimonials, this will give a good idea about their abilities.
• Cost: At some point, you are going to need to consider if you are getting a good value for your dollar when hiring a DUI defense attorney. Some law firms charge a clearly exorbitant amount, and others ask for payment that is suspiciously low, which could be a reflection of their confidence and ability to win a case. Reasonable legal fees worked to benefit the client are a trusted sign of dependable service.

At The Law Offices of Daniel J Miller, we believe that our firm’s lawyers should be your first choice of representation due to the fact that they excel in all the above categories and more. With over 25 years of legal experience under their belts, our attorneys have an impressive history of positive case results backed by 5-star client testimonials. We strive to be highly responsive when working with our clients, returning all calls within a reasonable amount of time and keeping our clients up-to-date with all changes in their case as it progresses. We are also known for providing competitive pricing for our legal services, friendly discounts for military service members, and accept all major credit cards for client convenience.

Let’s start discussing your case during a free consultation. Call (757) 267-4949">(757) 267-4949 or use an online contact form today.

After most any sex crimes conviction in Virginia, the convicted will be ordered to register as a sex offender for a predetermined amount of time. Lesser crimes may require registration for several years or a decade, but more severe crimes could require lifetime registration that is completed each year.

Regardless of how long registration is mandated, failing to register as ordered by the court can bring its own set of serious penalties.

In many situations, the first time a person fails to meet sex offender registration requirements, it is considered a Class 1 misdemeanor. Convictions for misdemeanors of this category can include a yearlong jail sentence and a fine of $2,500.

Any subsequent failure to register will be considered a Class 6 felony that could be punished by the same fine but a five-year prison sentence. Failing to register the first time if convicted of a serious sex crime, such as sexual assault or child pornography possession, is also considered a Class 6 felony.

It will be a Class 5 felony if you fail to register more than once after a conviction of a serious sex crime; Class 5 felonies can be penalized with 10 years behind bars.

Two-Tier Sex Offender Approach

Virginia uses a two-tier approach: violent and nonviolent offenses. The violent tier refers to those who are convicted of a “sexually violent offense” or murder if the murder victim was under 15 years of age or was under 18 and the murder was related to a sexual offense.

The nonviolent tier refers to those convicted of any registerable sex crime that is considered not a sexually violent crime or manslaughter, if the death occurred due to contributing to the delinquency of a child, or the abuse and neglect of a child.

Taking the Initiative to Clear Your Name

Registering to a criminal sex offender list is a frustration. Some people with busy schedules and distractions may understandably miss a registration date. Matters become all the more troublesome if registration must be completed more than once a year and for the rest of the convicted individual’s life.

If you are in such a situation, the right choice might be exploring the possibility of having your name removed from the registry, or reducing how often you need to registry.

How to Be Removed from the Sex Offender Registry

In Virginia, a court will usually only consider removing your name from the sex offender registry after you have already registered for a total of 15 years without incident. 15 years is quite a long time but may not be nearly as long as a lifetime requirement.

To request a more lenient registration schedule, you need to complete three years of registration without incident.

In addition to meeting duration requirements, you may also need to:

• Finish any counseling mandated by your sentencing
• Pass psychological examinations
• Pay in full any court-ordered restitution
• Prove you are not a “public safety threat”

The Law Offices of Daniel J Miller and our attorneys are here to help you understand your sex offender registration requirements, petition to be removed from the list, or defend your rights if you are accused of missing a registration date.

Contact our firm today to set up a free initial consultation with our team.