Whether you face major criminal charges or must go to court for a traffic ticket, showing up for your court dates is incredibly important. Unfortunately, it can be all too easy to miss a hearing, and the court might take action against you. If you believe you missed a hearing, contact an attorney for help. Courts are sometimes willing to show leniency, but this is not guaranteed.
If you miss a court date, the judge may issue a bench warrant for your arrest. This is not a typical arrest warrant, but the police may bring you into custody, and, depending on the circumstances, you might spend time in jail before seeing the judge again. If you miss a court date while released on bail, the judge can adjust or even revoke your bail, sending you to jail for the remainder of your trial. If you have missed a hearing, have your lawyer contact the court and see what can be done to set things right as quickly as possible.
Get a free, private review of your case from our Philadelphia criminal defense lawyers by calling The Law Offices of Lloyd Long at (215) 302-0171.
Being Arrested for Failing to Show Up for Court in Philadelphia
When someone must appear in court for a hearing and fails to show up, the judge may issue a bench warrant for their arrest. While this sounds scary, it might not be the disaster you think it is. Bench warrants are not like typical arrest warrants. They are not issued for new criminal offenses, and the goal is often just to get you back in front of the judge as soon as possible.
According to 231 Pa. Code Rule § 1910.13-1(a), if a defendant fails to appear for a hearing as ordered by the court, the judge may issue a bench warrant if they find at least one of the following conditions are present.
First, the judge must determine if the defendant who failed to appear received actual notice of the hearing. This might include a written notice being handed directly to the defendant at a previous hearing.
Second and alternatively, the judge must find that the court order about the hearing was sent to the defendant’s address by regular mail with the return address for the court. The notice must not have been returned within 15 days of being sent. Finally, it must be verified through the U.S. Postal Service that the notice was indeed delivered to the correct address.
If you never received actual notice of the hearing, our Bucks County criminal defense lawyers will bring it up with the court. The bench warrant may be dropped because you were never properly notified of the hearing.
How Failure to Appear in Court in Philadelphia Affects Bail
In criminal cases, defendants are often released on bail before appearing at other hearings and court proceedings. If you have been released on bail, even if it is related to minor criminal charges, it is imperative that you show up to every court hearing that requires your presence. Failing to appear, even by accident, might affect your bail.
When a person released on bail fails to appear in court, they may be seen as “skipping bail.” Courts do not like when defendants do not show up, and the judge can change the terms of your bail. You might have to pay more money to remain out on bail, or the terms might become more restrictive. In more serious cases, the judge might entirely revoke your bail. If this happens, you will have to go to jail for the duration of your trial. For some, this might mean several months in jail before they are even convicted.
What You Should Do If You Realize You Missed a Court Date in Philadelphia
If you have missed a court date, contact your lawyer immediately. It is not uncommon for people to make scheduling errors or simply lose track of important dates, and defendants missing court hearings is not unusual. If this is the first time something like this has happened to you, your lawyer might be able to convince the judge to be lenient.
Your attorney can contact the court and inquire about the missed hearing. If a bench warrant has been issued, your attorney can help you work with the court to lift the warrant. This might be as simple as scheduling a new hearing and returning to court to explain what happened. In some cases, the judge will let defendants off with a warning if their absence was truly a mistake or due to circumstances beyond their control.
How to Defend Yourself After Failing to Appear in Philadelphia
Missing a court date can be serious, but courts may be forgiving if there is a good reason for your absence. Talk to your lawyer about why you missed the hearing, and they can help you explain your situation to the judge.
One possibility is that the court hearing in question was not for you. Cases of mistaken identity occasionally happen, and the wrong people are sometimes summoned to court. For example, maybe a family member got in trouble with the police and gave them your name instead of theirs. Now, you have a bench warrant out for your arrest. If we can clear up the mistake, you likely do not have to worry about serious consequences.
Alternatively, you can challenge the notice sent by the court that should have informed you of the hearing. If you missed the hearing because you did not know it was happening because you never received proper notice, the court is the one that messed up, not you. This sometimes happens due to clerical errors. Court officials might accidentally send notices to incorrect addresses or not send them at all.
Speak to Our Philadelphia Criminal Defense Attorneys for Assistance Today
Get a free, private review of your case from our Dauphin County criminal defense lawyers by calling The Law Offices of Lloyd Long at (215) 302-0171.