You may be required to appear in court if you’ve gotten a traffic ticket, committed a crime, or been asked to testify in a court case. If you fail to show up for your scheduled court date, a Failure to Appear charge will likely follow. This is a criminal charge with serious consequences. As such, it is in your best interest to consult with an experienced criminal defense attorney if you have been charged with Failure to Appear.
What Happens if You Don’t Show Up for Court in Wyoming?
Missing a court date is never a good idea, but sometimes people make mistakes. If you skip or forget about a scheduled court date, a warrant will be issued against you. What happens next will depend largely on the purpose of your court hearing, and whether or not you have a valid reason for failing to show up.
Civil Matter or Minor Charges
If the missed hearing was a civil matter or your crime was minor, the judge will likely issue a bench warrant. Although police generally don’t go searching for offenders with bench warrants, an unresolved warrant will eventually come back to bite you. If you get stopped for running a red light, for example, the officer will see the outstanding warrant and arrest you on the spot.
Serious Criminal Charges
Failing to appear in court on more serious charges will result in the issuance of an arrest warrant, which means that police are significantly more likely to seek you out. In both cases—whether your underlying charges are minor or serious—failure to appear in court will almost certainly lead to additional penalties and fines. This is why it is always in your best interest to show up on time to court hearings.
But sometimes people legitimately forget about a scheduled court hearing, or unexpected circumstances prevent them from appearing on time. If this happens to you, don’t ignore the problem, hoping it will all just go away. That never works.
Fortunately, there are steps you can take to mitigate the potential consequences of a missed court date. An experienced Wyoming criminal defense attorney can help you determine how to proceed.
Consequences for Failing to Appear in Court
In addition to the Failure to Appear charge and the issuance of a bench or arrest warrant, you may also incur hefty fines, have your driver’s license suspended or revoked, and even spend time behind bars.
The penalties for failing to appear will depend largely on the circumstances of your case. In a civil matter, the judge may simply dismiss the case and rule in another party’s favor. If your scheduled court hearing was in connection with a serious criminal charge, the consequences and penalties may be severe.
Additional Criminal Charges
As Failure to Appear in court is, itself, a criminal charge, you may find yourself charged with multiple crimes if you miss a scheduled court date for an existing charge. An experienced Wyoming defense attorney can help you protect your rights and determine how to move forward.
Bail Bond Forfeiture
When you fail to appear in court while out on bond, you are automatically in violation of the conditions of your bond. If this happens, you’ll forfeit your posted bond and be re-arrested. In order to be re-released, you will have to post a bond again, and it’s usually significantly more expensive the second time around.
Legal Penalties in Wyoming
It is against the law to miss any type of scheduled court proceeding, and the severity of the charges will depend on the circumstances surrounding your case. In Wyoming, legal penalties for Failure to Appear may include:
- Issuance of a warrant
- Misdemeanor charge
- Felony charge if your underlying crime was a felony
- Contempt of court charge
- Fines
- Jail time
- License suspension
- Bond revocation
If your missed court proceeding was for a criminal charge and you were initially released on your own recognizance, you may now be required to post bond. If you had previously posted bond, you will forfeit that bond. The new bond amount is likely to be higher, and the conditions stricter. You may even be charged with bail jumping, and a headhunter may be hired to find you and bring you to court.
If you fail to serve the warrant against you, the DMV may also suspend your driver’s license. If that happens, you will be unable to legally drive until you have served the warrant and received a clearance on the suspension from the courts.
Regardless of the particulars of your situation, it is in your best interest to consult with an experienced Wyoming defense attorney immediately if you have missed any type of court proceeding.
What to Do if You Miss Your Court Date?
You will receive a Failure to Appear Notice if you didn’t show up for a scheduled court appearance. Now is not the time to stick your head in the sand; ignoring this notice will only make the situation worse. The consequences for not showing up to court can be severe, but proactively dealing with a missed court date can dramatically reduce any resulting penalties.
In some cases, the judge may forgive the oversight entirely by dismissing the Failure to Appear charge. But the manner and speed with which you move to resolve this mistake will largely impact the judge’s response.
How A Lawyer Can Help
An experienced WY defense attorney will review the details of your unique situation to determine how to move forward. Although judges are generally reticent to accept excuses, they do make exceptions in certain situations.
If you have a valid reason for missing a court date, your lawyer can help you navigate the legal system and prepare a solid defense.
Common defenses for Failure to Appear
- You never received notice of the court appointment;
- You were seriously ill or injured;
- A family member died;
- There was a natural disaster (earthquake, hurricane);
- You were involved in an accident on the way to the court proceeding; or
- You were present at a previously scheduled hearing.
Even if your failure to appear in court was not due to one of the valid reasons above, a good defense attorney may be able to get your charge dismissed. Your lawyer can help you respond quickly and effectively to the charges against you, explaining why you didn’t appear and submitting proof to validate this claim.
At Davis & Cannon, LLP, our dedicated legal team will:
- Thoroughly review the details of your case to determine how to proceed;
- Review and respond to the Failure to Appear Notice;
- Address the warrant by either having you turn yourself in or coming to an agreement over the terms of your warrant;
- Negotiate to maintain no bail, or to not increase bail amount or restrictions;
- Negotiate for no additional criminal charge, jail time, or fines;
- Negotiate for no license suspension; and
- Reschedule your court date.
If you simply do not respond to the Failure to Appear Notice or serve the warrant against you, the charge—which doesn’t have a statute of limitations—will remain on your record indefinitely.
The consequences for failing to appear in court will only get worse the longer you wait. If there is a warrant for your arrest, it’s a good idea to turn yourself in as soon as possible, but retaining an attorney before turning yourself in is equally important. Your attorney may even be able to handle a Failure to Appear charge for a civil or misdemeanor manner without the need for you to appear in court.
Contact Davis & Cannon, LLP Today
If you have been charged with a crime, the skilled legal team at Davis & Cannon, LLP can help. Our experienced, knowledgeable defense lawyers have been fighting for the rights of individuals charged with crimes for more than 70 years. Serving clients in Gillette, Cheyenne, Sheridan and all of Wyoming, we understand the criminal justice system and how to position clients for the best possible outcome. Contact Davis & Cannon, LLP today at (307) 672-7491 for a free and confidential consultation about your case.