Life throws curveballs, and sometimes that curveball lands smack in the middle of your court date. While missing a court appearance for a criminal case in Nebraska can be nerve-wracking, staying calm and quickly taking action is essential. This guide focuses on navigating this situation for criminal cases. We’ll explore the steps to take if you miss your court date, the potential consequences, and how Petersen Criminal Defense Law can help you throughout the process.
Consequences of Missing a Court Date in Nebraska
The Nebraska judicial system takes missed court appearances seriously, and the consequences can be significant. You can face any of the following consequences if you do not show up for court.
- Bench warrant issued. Skipping or missing your court date can lead to a bench warrant. This authorizes law enforcement to arrest you at any time, causing a potentially embarrassing and disruptive situation.
- Additional charges. Missing your court date can lead to additional charges being filed against you. Nebraska considers failure to appear a separate criminal offense, with penalties including up to three months in jail and up to a year on probation.
The severity of the consequences depends on the nature of your criminal case. Missing a court date for a minor misdemeanor might lead to a steeper fine or a rescheduled hearing.
What Should I Do If I Miss My Court Date?
It is normal to wonder, How do I know what to do if I miss my court date? We want to begin this section by emphasizing the importance of hiring an attorney as soon as possible if you are arrested or charged with a crime. From the moment you are arrested or charged, an attorney is the most valuable ally you have. They can protect your rights, help decide if you should speak to the police, prepare you for testimony, and they will take your case from initial appearance to trial while diligently protecting your rights.
Consult an Attorney
If you already have a lawyer
If you miss your court date and you have an attorney, contact the attorney immediately. If you contact them before the hearing, they can show up for you in court and explain why you are not there—possibly avoiding a warrant being issued for failure to appear. If you contact them after missing the hearing, they can file a motion to quash the warrant and bring you to court to explain what happened to the judge. If the judge quashes the warrant, they will likely issue you a new court date, and you are all set.
If you do not have a lawyer
An experienced criminal defense lawyer can be a game-changer. They can offer crucial legal advice, represent you in court, reschedule hearings, and work towards minimizing the potential penalties of missing your court date. If you do not already have a lawyer, contact one immediately. At Petersen Criminal Defense Law, we know how to handle your entire case from start to finish, and we can help you resolve the issue of a missed court date efficiently.
Contact the Court
Time is of the essence. If you cannot hire a lawyer immediately, you cannot wait to act on a missed court date. Contact the courthouse as soon as you realize you missed your hearing. Explain the situation and ask about the possibility of rescheduling.
Turn Yourself In (If Applicable)
Consider voluntarily turning yourself in if the judge issues a warrant for your arrest. Your attorney can help with this process, so discuss it with them before acting on your own. But being willing to show up in court or turn yourself in demonstrates that you’re taking responsibility for your actions, potentially positively influencing the judge’s perception of you and your case.
Prepare for the Consequences
If you miss your court date, you may face potential penalties, such as fines, additional charges for FTA, and possible jail time. Therefore, it’s vital to be proactive in addressing the situation and showing that you are willing to cooperate. Working with your attorney and taking these steps demonstrates your commitment to resolving the issue and potentially mitigating any negative outcomes.
What Happens If I Miss My Court Date for a Misdemeanor?
Nebraska classifies crimes as misdemeanors or felonies. Misdemeanors are typically less severe offenses. Missing a misdemeanor court date can lead to additional charges, like failure to appear (FTA), and potentially forfeit any bail you posted. This can complicate your legal standing and make navigating your case more challenging. Missing a misdemeanor court date can also trigger a bench warrant, but your lawyer can negotiate with the court to reschedule your hearing.
Difference Between Misdemeanor and Felony FTA Charges
The consequences may be lighter if your FTA involved a hearing for a citation as opposed to an arrest. And your penalties will be harsher for felonies than for misdemeanors. According to the Nebraska Revised Statutes Section 29-908, an FTA on a felony case could be charged as a Class IV felony.
An FTA on a misdemeanor case could be charged as a Class II misdemeanor. If convicted on your FTA, the penalties would reflect this distinction and likely be more severe if the original charge was a felony. Also, if the judge revoked your bond because you failed to appear, the bond they set after the FTA will likely be higher for a felony than a misdemeanor.
Can You Reschedule a Court Date If You Miss It?
There’s a chance. Nebraska courts allow motions to reschedule hearings under specific circumstances, but it’s not guaranteed. The judge ultimately holds the power to decide based on your case details.
The key is to act swiftly. Contact your attorney and let them know as soon as possible. In most cases, your attorney is already prepared to represent you at your hearing, whether or not you are present.
If you do not have an attorney, contact the court clerk immediately if you’ve missed your court date. Explain your situation and request a new date. Providing a legitimate reason for your absence, such as a medical emergency, can improve your chances of getting the court to agree to reschedule.
How Petersen Criminal Defense Law Can Help
At Petersen Criminal Defense Law, our experienced attorneys understand the complexities of dealing with missed court dates and other situations that arise in criminal cases. With years of experience and a deep understanding of Nebraska’s legal landscape, we’ll provide the guidance and representation you need to:
- Communicate effectively with the court;
- Compellingly explain your absence;
- Negotiate a new court date, if possible;
- Represent you and your interests in any hearings related to the missed court date; and
- Mitigate any additional charges or penalties you may face,
Our track record of satisfied clients and successful cases across Nebraska speaks for itself. Don’t try to handle this tricky situation on your own. Contact us today for personalized, skilled, and effective legal representation.
Petersen
Loading...