What happens when you miss your court date? It can be a simple mistake that anyone can make, but there can be serious consequences. Whether you misplaced the ticket you received or planned on attending court but somehow forgot, immediate action must be taken to rectify the situation.
After you miss a court date, courts can initiate a driver’s license suspension process by issuing a Failure to Appear and/or the court can issue a Bench Warrant for your arrest. The law has authorized such harsh penalties in order to make sure that people attend court.
Failure to Appear (FTA) and License Suspension
If a Failure To Appear has been issued, you should receive a letter notifying you of the initiation of the driver’s license suspension. It is important to remember that this Failure To Appear notice will go to the address listed on your license, so it is not uncommon for the notice to go to an incorrect or old address. It is your responsibility to make sure that your address is updated so that you do not miss out on important notices.
If you do not resolve your Failure To Appear in the time given in the notice, your driver’s license will be suspended, and you will lose your ability to drive for any reason. Driving on a suspended license is a very serious crime which can lead to your arrest and your license being suspended even further.
Bench Warrants
If a Bench Warrant has been issued, you may not know until you are stopped or arrested by an officer. You will not be able to bond out of jail following an arrest until you find a way to have the Bench Warrant issued by the judge for missing court lifted.
The consequences of a Failure To Appear or Bench Warrant may be long-lasting. The Failure To Appear license suspension can remain on your driving history even after it has been resolved and may have an effect on your future job prospects or car insurance.
How the Resolution Process Works
The process to resolve a Failure To Appear and/or Bench Warrant will vary from court to court. Some courts make it a simple process of communicating with the issuing court, paying a fine for missing court, and receiving the form releasing you from the suspension to turn into the Department of Driver Services. Other courts will require you to appear before a judge in person to atone for your mistake.
How an Attorney Can Help
One of the benefits of hiring an attorney from Kapadia Naik & Farhoudi is that we are familiar with the Failure To Appear and Bench Warrant processes and how to get them lifted. An added advantage is that in many cases, an attorney can have the Failure To Appear and/or Bench Warrant lifted without requiring you to attend court in person.
If you are facing a potential Failure To Appear or Bench Warrant and have questions or are unsure of what to do, contact us today to find out what options may be available to you.