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From small offenses, like a speeding ticket, to more serious charges, like a DUI, court dates are a requirement of many legal charges. Appearing isn't usually optional, so if a person doesn't show up, it can result in serious consequences. A criminal defense lawyer can help a defendant move forward based on the particulars of the case, but here's a closer look at the basics.
What Are the Penalties of a Missed Court Date?
Cases that require appearances can involve a range of different in-person meetings, including pre-trial conference, hearing, and trial. Missing any of these dates can result in additional charges. Depending on the circumstances, a judge can file a failure to appear or contempt of court — both of which serve as an additional misdemeanor charge.
Alternatively, if the original charge required bail, failing to appear is considered bail jumping. In the state of Kentucky, the severity of a bail jumping charge is based on the original offense. For misdemeanor crimes, it's charged as bail jumping in the second degree, which is a Class A misdemeanor. With felony charges, it's bail jumping in the first degree, which is a Class D felony.
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If the original charges are dropped or dismissed, the defendant can still face the additional charges for missing an appearance. Additionally, they can face a warrant for their arrest and face a separate jail sentence and fine. When bail is involved, the terms can be changed by the court or the bond can be revoked completely, requiring them to stay in jail while waiting for the next hearing.
What Are the Options?
Reacting quickly is key to reducing the consequences, as the court is more likely to accept the incident as an accident and reduce or dismiss any additional charges. A criminal defense attorney can provide guidance on the best defense, but often, it involves the defendant turning themselves into the court and requesting a hearing.
At this point, the lawyer can help explain the mistake or reasoning, and if accepted, the warrant may be recalled. Common excuses include unforeseen family issues, not realizing the court date or time was moved, or a lack of transportation.
If you missed a court appearance, find out how to move forward with guidance from Chewning and Chewning Law in Hopkinsville, KY. The local attorneys provide criminal defense services to residents across Christian County and the surrounding areas. They also offer assistance with personal injury law. From criminal to DUI charges, find out how the team can help you online or by calling (270) 886-4422.
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