I was in court last week and noticed that there were a lot of people who didn’t show up for their scheduled court dates. The judge was NOT happy and issued a lot of ‘failure to appear’ charges.
In fact, in one case I remember, the judge dismissed the underlying reason for the person to come to court that day….but issued a summons for the person and that person now has a ‘failure to appear’ charge pending. I know this judge usually gives people a couple of days in jail for the failure to appear, so this one particular person went from having his charge dismissed to facing possible jail time. All because he didn’t show up.
Why do people not show up in court as scheduled?
I imagine that a lot of them just forget. Forgetting is NOT a good excuse. Think of it this way, would you want the jail to ‘just forget’ to let you out? Get a calendar and mark that date. Put a reminder on your cell phone. Put a note on your refrigerator. Whatever it takes to get you to court on the right day.
And make sure you know what courtroom you are assigned. I’ve often seen situations where people will sit in court all morning just to find out they were in the wrong court! If you don’t know for sure where you are supposed to be, ask the guard when you first come in the building. Show the guard your summons and ask for directions to the right courtroom. This can be especially frustrating when there are different buildings. You can also check online to make sure you know where the court is located. Or call the clerk’s office to confirm your date (and time) and ask the clerk for directions to make sure that you are going to the right place.
Some people say that they got a paper in court, but they never got anything in the mail. In the past, they always got something in the mail, so they figured they would get a notice in the mail this time too. Sorry, you get notices in the mail when they can’t give you the notice in person. If they give you a piece of paper in court with the next court date, you NEED to be there!
I had one person tell me that the original date was ‘just for child visitation’ and they decided they didn’t want to fight the visitation request, so they didn’t show up. Not a good idea! If you don’t want to fight the visitation request, you need to show up in court and tell that to the judge. Otherwise, the judge will probably issue a ‘failure to appear’ summons and you will show up in court at a later time, with a much bigger problem!
Some people say that something else came up and they couldn’t make it to court. If something really does come up, you can contact the court before your scheduled time to appear and the judge MIGHT give you a break and schedule another day. Being in the hospital for surgery is the type of thing that the judge might accept. Wanting to go shopping instead, or oversleeping because you were up late the night before is something that the judge will probably NOT accept.
For traffic tickets, the officer will write on the ticket whether or not you need to appear. Most of the time, you can use the online system to pay for simple speeding tickets (although you should be aware that pre-paying the ticket is the same as pleading ‘guilty’ and you will receive the ‘points’ against your license). If you have been charged with reckless driving, you must appear.
Sometimes an attorney can appear in court on your behalf and you don’t need to be there yourself. Be sure to check with your attorney to make sure whether or not you need to appear yourself. I generally suggest that my clients also appear in court even if they don’t really need to be there. After all, it’s your life, your money, or your freedom that is at stake and you really should be involved in anything that might happen. The attorney can tell you what the ‘regular’ judge will probably do, but that judge may be sick this one day and there is a substitute. It’s just better to be there yourself.
The bottom line is that if you have been told to be in court on a certain day at a certain time, you need to make arrangements to be there!
If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.