What Happens If You Miss Your Court Date in Arkansas?
Missing a court date can be scary. You may be wondering if there is a warrant for your arrest, whether you are going to be charged with another crime, or what you are supposed to do now.
The good news is that missing a court date does not mean you should automatically panic or assume your case is over. There are steps you can take to address the situation, and a criminal defense attorney can help you understand what is happening and what to do next.
What Happens When You Miss Court?
When you are given a court date, you are expected to appear. If you do not show up, the court may take action against you.
In some cases, the court may issue a warrant for your arrest. You could also face a separate failure-to-appear charge. Under Arkansas law, failing to appear without a reasonable excuse can be a criminal offense in certain situations. The potential penalty depends in part on the underlying charge. Arkansas Code § 5-54-120 addresses the offense of failure to appear.
This does not mean that every missed court date automatically results in a new criminal charge or an arrest warrant. What happens next depends on what type of case you have and how the court handles the missed appearance.
What If You Had a Good Reason for Missing Court?
Sometimes missing court is not intentional.
You may have been sick, had a family emergency, experienced a transportation problem, or genuinely misunderstood when you were supposed to appear. Arkansas law recognizes the concept of a "reasonable excuse" when addressing failure to appear.
If something unexpected caused you to miss court, that information may be important when addressing the missed appearance. Even if you had a good reason, though, do not assume the problem will resolve itself. It is better to address the missed court date as soon as you realize what happened.
Could There Be a Warrant for Your Arrest?
Depending on the situation, there could be.
If the court issued a warrant after you missed your appearance, it generally does not disappear just because some time has passed. An outstanding warrant can potentially lead to an arrest if you have contact with law enforcement.
This is why finding out whether a warrant was issued is an important first step.
A criminal defense attorney can help you determine the status of your case and explain what options may be available for addressing the warrant.
What Should You Do If You Missed Court?
First, do not ignore it.
If you already have an attorney, contact them and let them know you missed your court date. If you do not have an attorney, consider speaking with a criminal defense attorney as soon as possible.
An criminal defense attorney can help you figure out:
Whether a warrant was issued
Whether you have a new failure-to-appear charge
What the court expects you to do next
Whether there is a way to address the missed appearance without making the situation worse
You do not have to figure all of this out by yourself.
What If You Have an Arrest Warrant?
If you find out that there is a warrant for your arrest, it is understandable to be worried. However, ignoring the warrant generally will not make it go away.
A criminal defense attorney can review your situation and help you understand the process for addressing the warrant. Depending on the circumstances, your attorney can help determine whether you need to appear in court and what steps you can take to address the warrant.
The important thing is to deal with the situation instead of waiting for it to become a bigger problem.
Does Missing Court Mean You Will Be Found Guilty?
No. Missing a court date does not automatically mean you are guilty of the original criminal charge.
However, failing to appear can create additional legal problems and can affect how your case moves forward. That is why it is important to address the missed court date promptly.
Your criminal defense attorney can help you understand both the original charge and any issues created by the missed appearance.
What If You Know You Cannot Make Your Next Court Date?
If you know ahead of time that you cannot make your scheduled court date, do not simply skip it. Contact your attorney as soon as possible. If you do not have an attorney, you should contact the appropriate court to find out what you need to do.
A court date should never be ignored just because you cannot make it. Addressing the problem before you miss the appearance is generally much easier than trying to fix the situation afterward.
A Missed Court Date Does Not Mean You Are Out of Options
If you missed your court date, take a breath and start by finding out what happened with your case.
You may have a warrant. You may have another court date. You may need to address a failure-to-appear charge. There may be other steps you need to take. The important thing is to find out where your case stands and deal with it.
Talk to an Arkansas Criminal Defense Attorney
Here at ARlaw Partners, we understand that dealing with a criminal charge can be stressful, especially when you have missed a court date and are not sure what happens next.
Our criminal defense attorney, Jenn Henderson, can review your case, help you understand your options, and work with you to address the situation.
If you have missed a court date or are concerned that there may be a warrant for your arrest, contact ARlaw Partners to discuss your case with an Arkansas criminal defense attorney.
