Hampton Roads Failure to Appear Lawyer

When a person receives a court summons, they are legally obligated to appear in court on a certain day at a particular time. If you fail to appear in court at your appointed time, the presiding judge can issue a bench warrant for your arrest. Furthermore, failure to appear in court would be charged as a separate crime as the one you were required to appear for, even if the initial charges are dismissed.

Missing a court date can be a simple matter of poor scheduling or forgetfulness, but without a criminal defense attorney helping you, you may have a hard time explaining yourself or protecting your best interests. Reaching out to a Hampton Roads failure to appear lawyer could be key to achieving a positive result in this kind of situation.

Failure to Appear and Bench Warrants

Failure to appear in court is a serious charge that can carry severe penalties. If a person misses a court date by accident or they had a legitimate reason for missing court, such as an illness or death in the family, they may be able to avoid arrest if they act quickly and retain the services of a Hampton Roads failure to appear attorney.

Law enforcement agents usually do not actively search for individuals with bench warrants, but if a person is detained for any reason, such as speeding, they can be taken into custody. Once a person is arrested for failure to appear, it is usually far more difficult to avoid the penalties associated with the offense.

A misdemeanor failure to appear charge in Virginia is punishable by a fine of up to $2,500 and a year in jail. A felony failure to appear charge can result in up to five years in jail and a fine of up to $2,500.

If the charges against an individual are dismissed and they fail to appear in court, they risk having their charges reinstated and their bond revoked. The judge may also choose to issue a citation for failing to appear, which can carry a fine of up to $250 and a jail sentence of up to 10 days. Furthermore, if they are on probation, they risk being charged with violation of probation.

Revoking a Bench Warrant

Once a person contacts a failure to appear lawyer in Hampton Roads, they should see if there is a bench warrant for their arrest. An attorney can file a motion to have the bench warranted revoked. If the bench warrant is revoked, the attorney can promise the court that the defendant will appear to face the primary charge against them.

In some cases, the court may refuse to withdraw the warrant. If this occurs, the court may allow the person to simply sign a personal recognizance, which is a promise to appear in court. If a person was tried in their absence, it may be possible to get the case reopened and tried again.

Discuss Legal Options with a Hampton Roads Failure to Appear Attorney

If you were charged with failure to appear in court or if there is a bench warrant out for your arrest, it may be important that you act as soon as possible. Your freedom and personal rights could be at stake, and if you do not have an attorney to advocate on your behalf, you could end up being charged with two crimes, one of which could be a felony. Discuss your case today with a Hampton Roads failure to appear lawyer today.