What Happens if You Miss a Court Date in a Criminal Case?

Being accused of a criminal offense is a serious matter — and it’s crucial to attend any hearings that have been scheduled in your case. Whether you’ve been charged with a traffic violation, misdemeanor, or felony, there can be serious consequences if you miss a court date. In fact, depending on the type of court hearing the case, you can be charged with a separate offense for failure to appear in court.

What Happens if You Miss a Court Date?

Court appearances in criminal matters are not simply rescheduled if you do not show up. If you miss a court date, you could face additional complications based on your failure to appear. Depending on the facts and circumstances, other penalties for missing a court date can include the following:

• Bench warrant — In the event you miss a court date for a criminal charge, a bench warrant may be issued for your arrest under O.C.G.A. §17-7-90.
• Jail time — If a bench warrant is issued and you are arrested, you could be held in jail until your case is heard by a judge.
• Monetary fines — You may be subjected to monetary fines due to your failure to appear in court.
• License suspension — If you missed a court date for a traffic violation, your driver’s license may be suspended by the Georgia Department of Driver Services.
• Probation revocation — If you were already on probation when you failed to appear in court, your probation may be revoked, and you may be required to spend the remaining period of probation in jail.

In addition, your bail bond could be impacted by failure to appear at a scheduled hearing. When you are released on bail, it is on the condition that you will return to court for any required appearances. Once your case concludes, the bond would be returned. However, if you do not show up for a scheduled appearance, that money is forfeited to the court. You may also be denied bail in the future if you are arrested again.

Will the Court Accept an Excuse if You Miss a Court Date?

If you missed your court date due to an emergency, you can present the judge with documentation that shows the reason you did not appear. They may consider proof of mitigating circumstances, such as hospitalization or a medical emergency. It’s vital to provide the judge with the necessary evidence, such as your hospital admission paperwork or a doctor’s note.

You may also have a valid excuse for failure to appear if you did not receive proper notice of the court date. Under Georgia law, you have received notice if:

• Someone provided you with actual notice of the time and place to appear in open court.
• Notice of the time and place to appear was sent to your last known address.
• You were otherwise notified of the time and place to appear in writing by a court official or court officer.

If you know in advance that you will not be appearing due to an emergency — for instance, if you are hospitalized the day prior to your scheduled court appearance — it’s best to have your criminal defense attorney handle the communication with the court. Although courts are not usually forgiving if you fail to appear, you may be able to avoid a bench warrant if you can show that there were circumstances beyond your control.

What Should You Do if You Miss a Court Date?

If you miss a court date and a warrant has been issued, you can be arrested at any time and place. This includes during a routine traffic stop, at your home, at your job, or anywhere else. It’s best to contact a criminal defense attorney immediately who can assist you with addressing the bench warrant, as well as represent you for the original criminal charges.

Contact an Experienced Georgia Criminal Defense Attorney

If you miss a court date, it’s essential to have a skillful criminal defense attorney by your side who can protect your rights. The criminal defense attorneys at The McCoy Law Firm, LLC have decades of experience representing defendants for a wide range of criminal offenses throughout northwest Georgia. If you’ve been accused of a crime, please contact us today to schedule a consultation to learn how we can help.