In this article, you can discover…
- What happens when you miss a court date in a Texas criminal case.
- How missing a court date can impact your plea negotiations.
- What to do once you’ve realized you missed a court date, and how an attorney can help.
What Happens Immediately After I Miss A Scheduled Court Date In A Texas Criminal Case?
When you miss a court date in Texas, 99 times out of 100, a warrant will be issued for your arrest either immediately or within a few days. Missing a court date is not a separate criminal charge, but it will lead to a warrant and will negate your bond, meaning the police will now be searching for you to arrest you.
Once you’re arrested, you are going to have to post a new bond if you are legally entitled to bond. In many cases, the judge will double or even triple your previous bond amount, all because you now have a history of not showing up to court.
For example, a judge may set the bond incredibly high, at $50,000 or even $100,000. They know you probably can’t pay that, allowing them to keep you in jail and make sure you show up for your next court date.
How Can Missing Court Affect Plea Negotiations Or My Defense Strategy?
The prosecutor will not typically be aware that you missed court. It’s essentially a matter between you and the judge. However, if you miss a court date right before a trial, the prosecution will be aware of this and may revoke their offer or raise their offer based on this.
It’s really not ideal to miss a court date, as the assumption will be, “If this person can’t show up for court, how can we expect them to appear for probation meetings? Why even offer probation?” If you do miss a date and the prosecution is ignorant of this, it’s best to simply let them remain ignorant and not volunteer that information. We still need to work on getting the warrant recalled or possibly trying to work out the case without you having to turn yourself in at all.
Will A Missed Court Appearance Appear On My Criminal Record?
No, a missed court date will not appear on your criminal record, but the warrant for your arrest certainly will. And if a police officer runs your information after you miss a court date, they’ll see the active warrant for your failure to appear in court, and they will arrest you.
Attorney Jonathan Lowe is a committed, seasoned criminal defense and family law attorney serving Texas. Since 2014, he’s helped clients just like you mitigate the consequences of failing to appear in court, helping them resolve their cases with the minimum jail time possible.
Have questions, or in need of legal representation? Reach out to The Lowe Law Office, PLLC for an initial consultation today.
What Steps Should I Take As Soon As I Realize I Missed A Court Date?
The first thing you should do is call your attorney and see what can be done. You may be able to come into court immediately, the same day, or tomorrow.
Your attorney can also help you turn yourself in before you’re arrested to help you minimize the impact of your failure to appear. But they can’t help you unless you call them immediately.
Can A Defense Attorney Help Resolve The Situation Quickly And Minimize Consequences?
A defense attorney can talk to the judge in court and, ideally, keep them from issuing a warrant if you’ve missed court for a good reason, such as a medical emergency. Your lawyer can let the judge know of the situation and also provide the judge with proof of the emergency, such as hospital records, urgent care center records, or a letter from your doctor.
It may also be possible for your lawyer to negotiate for the warrant to be recalled if you show up to court within the next day or two. If the warrant is recalled, it is as if the warrant was never issued to begin with. If the Judge is not willing to recall the warrant, we still may be able to resolve your case without you having to turn youself in. We can proactively speak with the prosecutor and see if we can come to a plea agreement (such as probation or time served) and then we can bring you into court when the court has docket to finalize
the plea. That way the warrant will be recalled automatically as a result of the plea. However, having to speed up this process may result in having to accept a higher charge or a longer probation period, but it will prevent your arrest and can help your case proceed without you having to return to jail and post bond again.
Be aware, however, that the success of this request depends entirely on the judge. If the judge simply doesn’t care that you missed court because of a medical emergency, they’ll still issue the warrant, and you’ll still face arrest.
If none of these efforts are successful and you do return to jail, your lawyer can go to the court coordinator to help ensure you have a hearing as soon as possible to minimize the time you spend in jail. They can also talk to the prosecution to reconsider probation, allow for time served, and get you out of jail as quickly as possible. No one wants to sit in jail away from family, and this is the difference a good, attentive, caring attorney can make.
Still Have Questions? Ready To Get Started?
For more information on missing court dates and arrest warrants in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 369-9666 today.
Attorney Jonathan Lowe is a committed, seasoned criminal defense and family law attorney serving Texas. Since 2014, he’s helped clients just like you mitigate the consequences of failing to appear in court, helping them resolve their cases with the minimum jail time possible.
Have questions, or in need of legal representation? Reach out to The Lowe Law Office, PLLC for an initial consultation today.
