You may not look forward to going to court every day of your life. Missing a court date may seem less stressful than getting childcare, missing work, or sometimes even finding a ride. On the other hand, your legal status could deteriorate significantly if you ignore court orders to appear. We’ll talk about what to do if you are unable to appear in court. We’ll also go over the valid reasons for which you can request to reschedule a civil court date and how to get a court date to be rescheduled over the phone or online.
What Might Occur If You Missed a Date of Court
The Florida Statutes’ Section 901.31 outlines the judiciary’s authority to compel witnesses to appear in court. According to this law, a person who knowingly fails to show up in court when given written notice may be fined and/or imprisoned.
The lead charge carries the same maximum jail term and maximum fine for breaking a written commitment to appear in court. As a result, by purposefully skipping a court date, you commit an additional offense. Consequently, even if you are found not guilty of the first charge that led to your arrest, the judge may still find you guilty of contempt for failing to attend. To discuss your alternatives for rescheduling a court date, schedule a consultation with a legal expert.
Valid Reasons to Reschedule Court Date
Although going to court is unpleasant, it is necessary. You can’t simply avoid court if you’re worried about what could occur. You will simply incur more consequences if you skip court out of fear of the repercussions.
What Is A Reason For Skipping Court?
If you have a good reason for missing your court date, you might be able to get away with it. There is no one correct answer; judges determine what is and is not valid on a case-by-case basis. Nonetheless, a judge may grant an exception for the following reasons if you fail to appear in court:
- A loved one in your immediate family passed away.
- A parent’s or child’s illness, if you are responsible for them;
- An urgent admission to the hospital;
- Severe sickness;
- Admission to a detoxification or inpatient drug rehabilitation center;
- A vehicle collision; or
- An additional emergency.
For a judge to grant you an excuse from court, there must be a genuine emergency.
After missing your appointment, you should be ready to appear in court to resolve any outstanding warrants the court may have issued for your arrest.
Advice For Missing a Court Date
If you have a bench warrant issued, your attorney ought to be prepared to accompany you to court. By having legal representation, you demonstrate to the court that you take your case seriously and did not intend to offend the court by missing your scheduled appearance.
Discuss your excused absence from court with your attorney, and also provide him or her with any supporting documentation that the court should accept. And complete the assignment as quickly as you can.
A judge is less likely to accept your explanation that you were unable to attend court the longer you wait. They have the right to detain you in jail until your case is resolved or to raise your bond requirements if they believe you missed court without a good excuse.
How to Proceed or Reschedule a Court Date
Keeping the lines of communication open with your lawyer will help you steer clear of sticky situations. If you will be absent from court, let your attorney know in advance.
Inform your attorney, for instance, that you will be undergoing surgery and won’t be able to attend court in person. Your lawyer must first ascertain the reason for your absence before they may appear in court and explain it to the judge.
If your attorney tells the judge you are nowhere to be found, it will appear that you just didn’t bother to appear.
If you are unable to reach your attorney, have a family member do so. You or a family member may also call the clerk’s office and clarify the issue. If you are unable to reach your attorney, calling the clerk’s office can assist. It is best to speak with your attorney first and then allow them to speak on your behalf.
Can You Reschedule a Court Date Online?
It would be preferable if you made your postponement letter request in person or made an appearance in court to justify it.
Can I Reschedule My Court Date Over the Phone?
To reschedule your court appearance date, you either give the county clerk a call yourself or have your attorney do so on your behalf.
How to Request a Court Date Be Rescheduled
There are two methods available for rescheduling your court date:
- Obtain a court’s signature on a written agreement.
- Send the judge a written request to schedule a fresh court date.
It is advisable to turn in your request or agreement at least five days before the scheduled court hearing. If not, though, you have the option to inquire during the hearing.
Can I reschedule a Connecticut court date?
Rescheduling your court date may be required occasionally for a variety of reasons. It remains your right to request something, and the court is under no duty to grant it. Should your request be rejected due to a lack of justification, it may be deemed unimportant.
Can a court date in the UK be rescheduled?
You must give the opposing party and the court a copy of your justifications, along with any supporting documentation if you are unable to appear in court. Doing so will essentially serve as notice to the court and allow you to reschedule the hearing.
In Connecticut, what happens if you miss a court date?
By refusing to appear in court, you are not doing yourself any favors when the judge decides to impose the worst punishments possible. A judge will almost always issue a bench warrant for your arrest if you don’t show up.
Valid Reasons to Reschedule Court Date: Conclusion
Changing your court date while under police custody could result in a harsher jail sentence. It is annoying to delay a case. Requests for a new date may come from the prosecutor, witnesses, or defendant. The judge may ask for a postponement in certain situations when it will serve justice.
If the court is unable to locate a suitable witness for your case, they may continue to postpone the date. If so, ask the judge to record your case as having “no further postponements.” The prosecutor cannot continue the case after it has been tagged, and it must be dismissed.