I had court today?!?! What to expect if you failed to appear for your criminal hearing
You’re now in panic mode realizing that you missed court. If you have an attorney, at this point you should probably call him or her. If you haven’t hired an attorney yet, I will discuss some of the potential ramifications for missing a criminal court hearing.
Pursuant to Indiana Code 35-44.1-2-9(A) “A person who, having been released from lawful detention on condition that the person appear at a specified time and place in connection with a charge of a crime, intentionally fails to appear at that time and place commits failure to appear, a Class A misdemeanor. However, the offense is a Level 6 felony if the charge was a felony charge. Additionally, “It is no defense that the accused person was not convicted of the crime with which the person was originally charged.” See Indiana Code 35-44.1-2-9(B).
Although, you technically can be charged with a Class A Misdemeanor or Level 6 Felony, it is rare to see these charges in Northwest Indiana for failure to appear. Instead, the more likely scenario is the Judge will issue a warrant for your arrest, if you have an attorney the judge may take a warrant for your arrest under advisement, or possibly reset the hearing to a later date and order you to appear.
If you missed court and you have an attorney, he or she will likely ask the Judge for leniency in order to get a hold of you. At this point, the Judge may take a warrant under advisement and require you to appear at another court hearing which can be as soon as later the same day. Failure to appear for the rescheduled hearing will almost always result in a warrant being issued for your arrest.
If a warrant is issued for your arrest you can be held without bond until you are brought before the judge, or a new bond may be assessed to your case which is in addition to the original bond that was posted after having been arrested. In extreme situations, any previously posted bonds may be revoked. If your bond is revoked, it means that you no longer have a right to be out on bond and you will remain in custody until your case has been resolved or until the judge decides to reissue you a bond.
The criminal justice system is complex. Hiring a skilled Criminal Defense attorney from the beginning who will argue on your behalf as well as if you happen to miss court is important.
Do you or Someone you know have a pending criminal case? are you looking for an experienced criminal defense attorney to fight on your behalf? Call Attorney Michael A. Campbell today for a FREE comprehensive case evaluation.