Defendants are required to personally appear at all of their criminal cases’ court dates unless the judge permits their private counsel to appear in their place. Not showing up to court is called FTA, short for failure to appear. When defendants fail to show up to court, getting a bench warrant is not a good thing.
If you don’t know what a bench warrant is, it basically means that you had a court date and, for one reason or another, you did not go to that court date. A judge is going to say okay I’m going to find that that person is in contempt for not appearing for their court date, and we’re going to forfeit their bond if the person makes bond.
If the police find you on the side of the road at a traffic stop, they have the right to immediately arrest you and take you to jail on a warrant or a contempt of court charge.
Court Appearance is Mandatory
Modern life is pretty busy, but one appointment you do not want to miss is your court date in Colorado.
Consequences of Missing Court
The judge will likely issue a bench warrant for your arrest. At that point, the defendant’s attorney can file a motion to quash the warrant and request a court hearing, though the process can take several days.
In the interim, the defendant can be arrested at any time and hauled into court. Most judges ultimately agree to recall bench warrants as long as the defendant does not have a history of missing court, but the judge may also punish the defendant by imposing harsher bail conditions.
If you’re charged with a traffic or criminal offense, the magistrate might deal with it in your absence for a very minor offense. That means the magistrate will find you guilty and impose a punishment even though you’re not actually in court. However, if it’s for anything even slightly serious, the magistrate can issue an arrest warrant.
This means that the police have the power to go out looking for you. If this happens when the courts close, you might have to spend the night or even a weekend in a police station or watch house until the courthouse opens.
Additional Penalties and Licensure Issues
When defendants miss court, the court may then inform the DMV, which can then suspend the person’s driver’s license until the bench warrant is cleared. This typically happens when defendants ignore their traffic tickets.
Furthermore, if you’re on probation and you miss court, you’re entitled to a probation revocation hearing to argue why you should remain on probation and stay out of jail. Depending on the case, the judge may agree to give you a second chance, sometimes with harsher probation terms.
But since missing court is a probation violation, the judge has the discretion to remand no-show defendants to jail. Failing to turn up to court is serious and can lead to jail time.
Check out resources in our Learning Center to avoid further problems with the courts.
What to Do If You Missed a Court Date?
If you know that you have missed a court date and you have a lawyer, whether that be a public defender or a private lawyer, you need to get in contact with them as soon as possible. That way, that lawyer can get you back on that docket as soon as possible, maybe within the next day or just the same week.
Sometimes it’s later in the month or the next month. When a day is locked in, come to court on that day to keep your bond in place, because when you get a bench warrant, your bonds are potentially forfeited.
If you’re in a situation where you missed court and you didn’t have a lawyer, figure out when that court is having its criminal docket. Some courts are every day, some courts are twice a week, some courts are once a week, and some courts are just once a month.
Figure out when the docket is, and you show up and you throw yourself at the mercy of the court. You say, ” Your Honor, I’m so sorry that I missed my court date. I understand that I had an obligation to be here.”
Presenting Proof and Maintaining Respect
If you have a good reason, like you were in the hospital, a loved one was in the hospital, there was a funeral, there was some other emergency or unexpected circumstance, take that information to the judge or to the prosecutor.
Sometimes this helps avoid a contempt charge or reduce your contempt charge fine for missing court. Bring some kind of proof; if you had a flat tire, take a picture of the flat tire, or if you were in the hospital, bring some documentation.
If the court decides to go ahead and take you into custody because your bond was revoked for missing the court date, be respectful to the court and do exactly what you were told.
If you think you might be in trouble, get legal advice straight away from our Legal Services.
Frequently Asked Questions
What is a bench warrant?
It basically means that you had a court date and, for one reason or another, you did not go to that court date.
What happens if the police find you during a traffic stop while you have a warrant?
If the police find you on the side of the road at a traffic stop, they have the right to immediately arrest you and take you to jail on the warrant or the contempt of court charge.
Can missing a court date affect your driving privileges?
When defendants miss court, the court may then inform the dmv which can then suspend the person’s driver’s license until the bench warrant is cleared.
What should you do immediately if you realize you missed your court date?
You should call a criminal lawyer for advice straight away. When I get a call from someone who has missed court, the first thing I do is contact the relevant courthouse to find out what happened.
Conclusion
Failing to turn up to court is serious and can lead to jail time. If you have already missed your court date in Colorado, you should call a criminal lawyer for advice straight away.
Once found out what happened at court, you can get legal advice about what needs to be done next. Bring some kind of proof, be respectful to the court, and do exactly what you were told. It’s the best way to avoid any further problems with the courts.
