Missing your scheduled court appearance in Broward County, Florida is a serious matter that requires immediate attention. The moment you realize you've missed court, time is of the essence to minimize the fallout. Without swift action, you could face severe consequences, including arrest and additional criminal charges.
At the Law Offices of Dave L. Simmons, we have decades of experience helping clients who have missed their court dates. Skilled Broward County criminal defense attorney Dave Simmons is here to guide you through the process. Our team understands the stress and uncertainty you may be feeling, and we'll work tirelessly to protect your rights and secure the best possible outcome in your case.
What Happens When You Miss a Court Date in Broward County?
When you fail to appear in court as required, the judge will typically issue a bench warrant for your arrest. This is an official order authorizing law enforcement to take you into custody and bring you before the court to address the missed appearance.
The Risks of an Active Bench Warrant
With an outstanding bench warrant, any interaction with police—even a routine traffic stop—can result in your arrest. Once law enforcement discovers the active warrant, they are obligated to take you into custody immediately. This can happen anywhere, at any time, resulting in a sudden and unexpected disruption to your life.
After your arrest, you'll likely be held in jail until you can appear before the judge to address the bench warrant and missed court appearance. Depending on the severity of the underlying charges and the circumstances of your failure to appear, this could mean spending days or even weeks in custody before your hearing.
The consequences don't end there. In addition to the bench warrant, you'll likely face additional criminal charges for failing to appear in court. These charges can range from a misdemeanor to a felony, depending on the nature of the original offense. Conviction on failure-to-appear charges can result in fines, probation, and even jail time, in addition to any penalties you may face for the underlying crime.
Know that if you're arrested on a bench warrant, you may face a higher bond amount or be denied bond altogether due to the perceived flight risk. This can make it more challenging to regain your freedom and continue fighting your case from a position of strength.
How to Handle a Missed Court Appearance in Broward
If you've missed a court date, the most important thing is to act quickly and strategically. Here's what you need to do:
- Seek legal help. Contact an experienced criminal defense lawyer immediately. Do not attempt to handle a missed court appearance on your own. An attorney can intervene with the court on your behalf and work to recall or quash the bench warrant.
- Collect records. Gather any documentation related to your missed appearance, such as hospital records if a medical emergency prevented you from attending court. Your lawyer can present this to the judge.
- Prepare for financial consequences. Expect to pay fines, court costs, or bail if you miss a court date. Your attorney can advise you on what to expect in your specific case.
The Importance of Swift Action After Missing Court
The longer you wait to resolve a missed court appearance, the more complicated the situation becomes. You're at continued risk of arrest while a bench warrant remains active, and you may face harsher penalties the more time passes.
Steps Your Defense Lawyer May Take
When you retain a skilled criminal defense attorney after missing court, they will jump into action on your behalf. Some key steps your lawyer may take include:
- Filing a motion to recall the bench warrant, along with evidence showing good cause for your failure to appear. This could quash the warrant and allow you to resolve the situation without arrest.
- Negotiating with prosecutors to minimize additional charges or penalties related to the missed appearance. Having your lawyer intervene early often leads to better outcomes.
- Appearing in court to advocate for lenient treatment, such as reinstating your original bond rather than imposing a new, higher amount due to the failure to appear.
- Guiding you through the process of resolving the underlying criminal case, whether that involves seeking a dismissal, negotiating a favorable plea deal, or mounting a strong defense at trial.
Proactive Defense After a Failure to Appear
At the Law Offices of Dave L. Simmons, we understand that missing court is often the result of an emergency or unintentional oversight. Our team will thoroughly review your case, clearly explain your options, and develop a strategy designed to minimize the consequences of your missed appearance.
Whether we need to petition the court to recall your bench warrant, argue for reduced penalties, or build your defense against the underlying criminal charges, we'll tenaciously advocate for the best possible outcome. With extensive experience handling failure-to-appear charges in Broward County, Dave Simmons knows how to navigate the system efficiently and effectively.
