What Are the Defenses for Failure to Appear in Court?
In order to find that you have failed to appear in court, the court has to prove that you had notice that you were suppose to appear in court and you willfully did not appear. Some possible defenses included:
- No Notice to Appear: The court must give you proper notice that you are set to appear in court. This notice is usually by mail. You can fight a failure to appear in court if the court failed to give you any proper notice for you to appear in court. If your address has changed and you did not receive the notice because you did not inform the court of the change of address will not excuse your failure to appear.
- Failure to Appear Was Not Willful: Your failure to appear in court was not on purpose and you did not appear in court because of a serious accident, illness, natural disaster, unforeseen circumstance that was out of your control.
Where and When Do I Appear in Court?
Once you have received a citation, which states that you must appear in court, it is important that you follow the citation orders. You must appear at the location that is indicated on the citation, release paper, bail documents, or arraignment letter given by the law agency. You can even verify the date by calling the agency and giving your information or accessing the court’s online case or calendar information.
On the information provided to you by the agency, there is a courtroom department number and hearing time that you must attend. You must arrive at the courtroom on the listed date at the exact scheduled time.
Do I Need an Attorney?
As you can see, a failure to appear in court can lead to severe consequences, such as imprisonment. If you have failed to appear in court you should contact a virginia beach dui attorney immediately. A criminal defense lawyer can inform you of the specific consequences of failing to appear in court in your state and can help your explain to the judge why you failed to appear.
Once you have a lawyer, you should show up in court as soon as possible to turn yourself in and pay whatever fines you owe. Your lawyer will help arrange and set a pre-trial date to discuss your failure to appear in court with the tampa bay seo expert.