If you are concerned about missing a Philadelphia court date, or if you already have missed one, it can be helpful to understand the ins and outs of the system as well as the potential consequences. Hiring an experienced defense attorney to represent you can also help you avoid some of the more severe consequences associated with missing court dates.
Legal Consequences of Missing a Philadelphia Court Date
If you miss a court date in Philadelphia, there are five primary categories of consequences you must consider.
Bench Warrant Issuance
In many cases, when someone fails to appear for a scheduled court date in Philadelphia, the judge is very likely to issue what is known as a bench warrant against them. Essentially, this warrant does not give law enforcement the right to come to the accused’s home; rather, it is more like an attachment that allows law enforcement to arrest the accused in the event of a typical interaction, such as a traffic stop.
Failure to Appear Charges
Failure to Appear (FTA) charges may be brought against anyone who does not show up to court at the scheduled time and date. This constitutes a new and separate criminal offense. Failing to appear for a misdemeanor charge is a second-degree misdemeanor; failing to appear for a felony charge could result in another third-degree felony. In each case, the consequences can vary and range from steep fines and jail time to probation.
Forfeiture of Bail
If you or someone else posted bail in relation to the charge for which you failed to appear, that bail could potentially be forfeited. In some situations, the accused may be asked to pay the full amount of the bail a second time or face additional conditions to their release, such as house arrest, strictly supervised probation, or a combination of these.
Default Status
In some cases, failing to appear in court can lead the court to treat you as in a default status. Simply put, this means the court may choose to proceed forward in your case without you. This does not always apply, and it can often be argued against since accused persons have the right to face their accusers in court. You may also be held in contempt of court, which can come with additional fines.
Additional Consequences
Depending on the reason for the court date you missed, you may face additional consequences other than those mentioned above. Some of these include the suspension of your driver’s license, revocation of any parole or probation, house arrest, and more.
Things the Courts May Consider
In some situations, the courts may accept legitimate and unavoidable reasons for missing a court date. Some of the reasons most often accepted for missing a Philadelphia court date include the following:
- Medical emergencies: If you or an immediate family member (spouse, child, parent, or dependent) experiences a serious medical emergency, many courts may grant some leniency. This must be a legitimate emergency requiring your presence and not just a run-of-the-mill illness or simple injury.
- Unforeseen events: If you are involved in an accident, stuck in traffic due to an accident, or detained involuntarily for any reason other than the commission of another crime, the courts may accept these reasons as long as they can be documented and proven.
- Administrative errors: Sometimes, the courts may send notifications to the wrong address or be unable to locate individuals to properly notify them of their impending court dates. When proven, this is almost always a legitimate defense to failing to appear.
It should be noted that it is difficult to defend against common oversights when it comes to missing a court date in Philadelphia. Simply forgetting about the date or arguing a conflict with a work schedule is generally not considered a valid excuse. Nevertheless, mistakes can and do happen, and a good criminal defense attorney can argue your case.
What to Do if You Miss a Philadelphia Court Date
If you miss a court date in Philadelphia, there are several steps you should take to ensure the best possible outcome.
Contact the Court
The very first step you should take after missing a court date in Philadelphia involves contacting the court as soon as you have an opportunity. This can help demonstrate your overall responsibility and prevent the court from escalating the matter into a bench warrant or FTA charges.
Hire an Experienced Attorney
After contacting the court, your next step should involve reaching out to a criminal defense attorney who has experience in these types of situations. In some situations, they can file motions to dismiss any pending charges against you, ask to have bench warrants recalled, guide you on your next steps, and represent you in front of the court.
Surrender, if Advised by Attorney
Sometimes, depending on the nature and severity of the situation, your attorney may advise you to voluntarily surrender to a bench warrant. This proactivity can show good faith, helping the court see that you were not intentionally noncompliant with their orders and mitigating further escalation.
Prepare Necessary Paperwork
If you have a valid excuse for missing court as mentioned above, such as a medical emergency or involuntary detention, it is vital to collect documents, fill out necessary paperwork, and gather evidence supporting your excuse. Your criminal defense attorney can often help you do this or advise you on the types of documentation and evidence to collect.
Attend All Future Court Dates
Finally, it is essential that you comply with all Philadelphia court dates in the future. Future failures to appear can result in increasingly harsher consequences, including fines, warrants, and additional jail time.
Preventing Further Missed Court Dates in Philadelphia
Some of the best tips for ensuring that you do not miss any further court dates in Philadelphia include maintaining organized copies of all legal and court-related documents and setting multiple reminders across devices for courtroom locations, dates, and times. In the event you have an emergency or conflict in the future, you should immediately tell your criminal defense attorney. Furthermore, some courts allow accused individuals to appear virtually rather than in person, further reducing the likelihood of missing a court date.
The Importance of Retaining Legal Counsel Early
Failing to appear for a Philadelphia court date can lead to harsh penalties, and it can even have a negative impact on your original case. The earlier you retain legal counsel, the better. Not only can an experienced criminal defense attorney help you understand the procedures to come, but they can also help negotiate a satisfactory remedy with the courts, secure grace periods, or ask to reschedule the date due to a reasonable, excusable event that prevented you from appearing.
If you missed a court date in Philadelphia, reach out to the team at Pagano Law to find out how we can help. We fight hard for each of our clients, helping them achieve the best possible outcomes in their criminal cases.
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