If you miss your court date in Pennsylvania you may be able to simply reschedule the hearing or the offense may lead to additional charges and penalties. The outcome depends on the type of charges you are already facing, your criminal history, your history of failing to appear in court, whether you were released on bail, and more. Speak with a Pottstown criminal defense lawyer for skilled representation.
What Happens if I Miss My Court Date in PA?
If you miss a court date in Pennsylvania when facing criminal charges, generally one of three things can happen. First of all, if you are lucky and the judge is feeling gracious, they may allow additional time for you to appear by handling other cases first and giving you a grace period. If your offense was an extremely low-level charge like a parking ticket you may even have your hearing simply rescheduled.
However, depending on varying circumstances you could face legal repercussions. Under Pennsylvania codes 1910.13-1 and 1910.13-2, an individual who fails to appear at a hearing or conference when it was ordered by the court can be issued a bench warrant for their arrest.
You can also be charged with default in required appearance. This can be charged as a misdemeanor or felony depending on the criminal charges you are already facing.
What is a Bench Warrant?
A bench warrant is an arrest warrant that a judge can issue if a defendant fails to appear in court. The warrant authorizes the police or other law enforcement to locate you, arrest you, and bring you to court. If you are arrested during a time when the court is unavailable you can legally be incarcerated for up to 72 hours while you wait for your next hearing.
Bench warrants can only be issued if the party had actual notice of their required presence at the hearing, as in someone told them, or if they were served with a copy of the order requiring their presence.
Are There Any Valid Reasons to Miss a Court Date?
While you can be harshly penalized for missing court, there are some instances when a judge may excuse your absence. If you missed your hearing for a legitimate reason you may be able to avoid the associated consequences.
It is always best to inform your attorney or the court that you are unable to make the time if possible, but sometimes life circumstances do not allow proactive warnings. A judge may determine if an excuse is valid or not on a case-by-case basis. However, the following are generally considered legitimate reasons to miss court.
- You had a medical emergency
- A family member or close friend had a medical emergency and needed your assistance or presence
- You were involved in a car accident on your way to the hearing
Work with your attorney to create an effective defense in your case and for failing to appear in court. Contact an experienced lawyer today for more information.
