QUESTION
If you’re in the hospital and have court, will they automatically postpone your court date for a new one and will they issue a warrant?
Asked on Jan 17th, 2013 on Criminal Law - Florida
12 ANSWERS
Civil Litigation Attorney serving Seattle, WA
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The Law Office of Edmund P. Allen Jr., PLLC
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You will need to call the court and let them know, and maybe provide them documentation about the hospitalization. It will be up to the judge to continue the case to another date or issue a warrant.
Answered on Jan 29th, 2013 at 9:51 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Your bond will likely have been revoked. If you have a lawyer, provide the lawyer with the proof of your hospitalization. If no lawyer (and you are not going to have a lawyer), bring proof of your hospitalization to your bonding company so they can fight to have your bond reinstated. If you posted cash, bring proof of your hospitalization to the court.
Answered on Jan 21st, 2013 at 6:50 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It will depend on whether or not the court knows that you are in the hospital. Even if the judge does issue a bench warrant, you should appear in court as soon as you get out of the hospital and bring proof of your hospital stay. Under these circumstances, the judge should recall the warrant and set another court date. If you are represented by an attorney, you should contact your attorney immediately and advise him of your situation.
Answered on Jan 21st, 2013 at 6:50 PM
Michael J. Breczinski
No someone has to let them know you are in the hospital and they should be sent written proof of that.
Answered on Jan 21st, 2013 at 6:50 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Call the court and seek an adjournment BEFORE the Court date, be prepared to prove you were in the hospital and totally unavailable.
Answered on Jan 21st, 2013 at 6:48 PM
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No, not automatically. Someone will need to alert the judge why you are not there. The best person to do this is your lawyer, but a family member might be allowed to explain to a judge why you cannot be there.
Answered on Jan 21st, 2013 at 6:48 PM
They will 100% absolutely positively issue a warrant. Which is why you should hire a lawyer to be in court instead.
Answered on Jan 21st, 2013 at 6:48 PM
Although it is not 'automatic', being in the hospital is usually a genuine and realistic reason for a matter to be continued to a later docket. You or your representative should notify counsel for the other party or parties in your proceeding of the hospitalization. The Court should also be notified, and a new date requested from the Court.
Answered on Jan 21st, 2013 at 12:27 PM
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Call the court and let them know. If you do not give notice as why you are not there they will not know. But usually they will grant a continuance.
Answered on Jan 21st, 2013 at 12:26 PM
Family Law Attorney serving Boston, MA
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Law Offices of Susan Correia-Champa
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You need to notify the court that you are in the hospital. I would also suggest providing proof to the court of the hospitalization prior to the court date. Someone needs to appear on your behalf to let the court know of your situation.
Answered on Jan 21st, 2013 at 12:26 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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Nothing happens automatically. You need to call the court clerk and explain where you are and why you can't come to court, and be required to provide some verification when you do go to court at a later date, like your hospital discharge papers.
Answered on Jan 21st, 2013 at 12:25 PM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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They will not automatically postpone your court date. How will the court know you are in the hospital? You should let your attorney know you are in the hospital, for what, and provide some sort of proof. The lawyer can ask for a continuance to reschedule your court date. If you or your lawyer don't make the request then the court will likely issue a warrant, which while it can be withdrawn, might still be issued.
Answered on Jan 21st, 2013 at 12:25 PM