Missing a court date in Florida is serious and can have significant consequences.
Here’s what you can expect:
Bench Warrant: The judge may issue a bench warrant for your arrest. This authorizes law enforcement to arrest you at any time, even for minor traffic violations.
Failure to Appear Charge: You may be charged with a new crime for failing to appear in court. This is typically a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine [Florida Statute § 843.15].
Default Judgment (Civil Cases): In civil cases (lawsuits between individuals or businesses), missing a court date could lead to a default judgment being entered against you. This means the other party automatically wins the case.
Taking Action After Missing a Court Date:
Contact the Court Immediately: Don’t wait! Call the court clerk’s office where you missed the hearing as soon as possible. Explain why you missed the court date and inquire about the next steps.
Show Cause Hearing: The court might grant you a show cause hearing. This is your chance to explain why you missed the original date and potentially reschedule your court appearance.
Consult an Attorney: An attorney can advise you on your legal options and represent you in court. They can help navigate the situation and potentially seek a more favorable outcome.
Important to Remember:
Take Court Dates Seriously: Missing a court date can be a big mistake. Always attend your court dates or contact the court beforehand if unable to appear.
Act Quickly: The sooner you address a missed court date, the better. Don’t ignore the issue or hope it goes away.
Florida Statute Reference:
Florida Statute § 843.15 addresses failure to appear after summons or subpoena. It is important to get the advice of an experienced criminal defense lawyer so you can have all the information you need to make an informed decision.
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