Court Date Changes and Their Legal Implications: What to Do When You Are Missed
What Happens When the Court Changes Your Court Date Without Notifying You?
It's an uncomfortable and potentially dire situation when the court changes your court date without informing you. The consequence of missing the new date might lead to a warrant for your arrest. Here, we will explore the legal implications of such a scenario and what steps you should take to address it.
Consequences of Missing the Court Date
The first and most important thing to acknowledge is that turning yourself in is the best course of action. Ignoring it will not make the warrant disappear; in fact, it will only increase the likelihood of you being apprehended in a less favorable context. The chances of being arrested in public, such as in front of your children or colleagues, or being apprehended during a leisure period like a Friday night, increase significantly the longer you delay.
What to Do After Missing a Court Date
Given that you might have missed the original court date as well, it's crucial to take immediate action. The court typically informs individuals of a new date after the original one has passed, but it is still your responsibility to keep the court informed of your whereabouts. Your attorney can provide guidance and support in this process.
If you contact your lawyer, they can often help you get your warrant quashed on the grounds of mistaken information regarding your court date. However, the sooner you deal with the matter, the better your chances of having the warrant removed. The longer it remains unaddressed, the more challenging it becomes to rectify the situation legally.
Legal Rights and Responsibilities
Yes, the court is legally entitled to change your court date without notifying you directly. However, this does not absolve you of your responsibility to stay informed and updated. It is your obligation to ensure that the court has the correct contact information. If you have an attorney, they would be responsible for notifying the court of any changes to your availability.
If you are facing this situation now, here are some steps you can take:
Contact the Court Clerk: Most courts have a clerk who can provide up-to-date information regarding your pending case. By contacting the court clerk, you can typically get a second date to appear in court. Visit the Sheriff’s Office: If you report to the sheriff’s desk, a sergeant might be able to issue a new date for your court appearance, depending on the seriousness of the offense. Appear in Person: If the crime is severe, it may be best to turn yourself in and explain the situation to a judge or law enforcement officer. This ensures that you can address the issue directly and explain the circumstances.Ensuring Receipt of Court Notices
To avoid missing court dates, it's important to have the current address on your identification or driver's license, as this is how you will typically receive court notices. Alternatively, you can call the court to inquire about the status of your case.
Failure to appear at any court date typically results in a warrant for your arrest, known as a failure to appear warrant. If you find yourself in this situation, the best course of action is to contact the court or appear in person as soon as possible to address the matter.
Summary of Key Points
Do not ignore court date changes or uncontacted warrants. Contact your attorney or court clerk to get a new court date. Visit the sheriff’s desk if necessary, especially for serious offenses. Ensure you have your current address on your ID or driver's license to receive court notices.By taking these steps, you can mitigate the legal penalties associated with missed court dates and ensure that you comply with your legal obligations.
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