Being accused of a crime can be one of the most distressing times in your life and the complex criminal justice system can be difficult to navigate. You can be so distracted by the ordeal that you unintentionally miss a required court date. This may seem minor, but it is considered a separate crime and now you have both this and the original accusations to deal with.
Unfortunately, the charge will not just go away if you ignore it or make an appearance in court and you may find yourself arrested for a simple misunderstanding. If you find yourself in this predicament, call a Belle Isle failure to appear lawyer at The Umansky Law Firm. An experienced defense attorney could provide representation to deal with the failure to appear charges.
The accused are typically offered a chance to post bond or could be released on their recognizance after an arrest. However, in exchange for being released, the accused promises to follow the rules and show up for any court procedures. The courts take this seriously and do not like it when someone does not follow their orders or procedures, such as missing a court date. This is when the courts add a failure to appear charge on top of the underlying criminal charge.
Most of the time this is inadvertent, such as forgetfulness, a mix-up, or something like traffic preventing you from arriving in time. However, the courts will still pursue the charge, especially if they suspect that it was done willfully. Thankfully, a devoted attorney could help someone accused of missing a court date in Belle Isle deal with the charge and represent their side of the story to the court.
When someone fails to appear at a scheduled date, the court could issue what is called a bench warrant, which is an order by the judge that authorizes the police to arrest an individual. While this is less serious than a warrant usually issued by the police, the individual forfeits any bond they originally posted when they were released.
Failure to appear is a separate crime from the original charge, but the underlying criminal charge determines the classification for the failure to appear charge. For example, if the underlying charge is a less serious misdemeanor, the failure to appear charge is classified as a first-degree misdemeanor and could result in a fine up to $1,000 and one year in jail. If the underlying crime is a felony, the failure to appear is classified as a third-degree felony and could result in a fine up to $5,000 and five years in jail.
Handling a failure to appear charge is important because it could add punishments to the underlying criminal charge and an experienced attorney could help individuals in Belle Isle. A dedicated lawyer could provide advice on the legal options for dealing with this issue.
A failure to appear charge and the bench warrant do not just disappear on their own, the accused must deal with the charge so it can be properly closed by the court. There are several avenues for doing so, starting with surrendering to the courtroom. This is when the accused voluntarily gives themselves to the custody of the court instead of going to jail.
Another option is to voluntarily surrender to the police and go to jail. In this situation, there could be an option to post bond and be released. It could also be possible to convince the judge to recall the bench warrant, dismiss the charge, and set a new court date.
Each individual accused of missing a court date is going to have different situations where one of the options is better than the others. A devoted attorney with experience handling failure to appear charges in Belle Isle could provide advice for the accused and help them make the best choice. A lawyer could also help file the necessary paperwork with the court and provide representation in front of the judge to convince them to dismiss the charge.
Sometimes life gets in the way and you end up forgetting important dates and obligations. Unfortunately, if that was a court date you may find yourself facing additional charges and penalties. Thankfully, a Belle Isle failure to appear lawyer could help you handle the issue.
A compassionate attorney from The Umansky Law Firm could provide you with advice on your options and help you make the best decision. If you have been accused of missing a court date, call The Umansky Law Firm to talk to a lawyer about your situation.
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