What happens if I missed a court date because my child was in the ER?

Question

I have a warrant out for missing court, but my child was in the ER. What can I do?

William Spern · Answer

Go to court before the court issues a bench warrant and explain the circumstances. Bring evidence of your child's er admission.

Jacob P. Sartz · Answer

If you have a lawyer, I'd recommend you advise your lawyer of the situation.   Otherwise, I'd recommend that you turn yourself in. When you are arraigned, the judge will provide you an opportunity to explain why you missed court. If you have documentation, that would be very helpful as well.

Michael Lynch · Answer

The easiest way to handle the matter would be to hire an attorney.  If  the charges were misdemeanors the attorney you hire can make the  appearance for you.  If you have felony charges you will have to appear  with the attorney.  If you cannot afford an attorney and you wish to  have the court appoint a public defender, you will have to asked the  criminal clerks office to place the matter on the criminal courts  calendar to have the warrant recalled.  When you make that appearance  you can ask the court to appoint the pubic defender.

Edward Blum · Answer

Go into court and take care of it. Be ready with receipts to explain. You should have a lawyer.

Cindy L. Barton-Coombs · Answer

Call the court and tell them why you missed your hearing, and ask them the clerk if she will set up a new date for you. Take in proof of the ER visit on that day and ask the court to remove the warrant. You will likely have the warrant active until you get into court, but if the court will agree to remove it before the new date, that would be good. The court is not required to do so however.

Stacey Selleck · Answer

I would suggest contacting the court (or turning yourself into the police station) with proof that you were in the ER for your child and ask for leniency for missing the court date.  Do it as soon as possible to show that you were not avoiding court.

Daniel Kiss · Answer

You could get arrested on the warrant until you address the issue with the court that issued the warrant. You should not wait to see what happens. You should go to the courthouse and have your case added to the call. Bring proof that your child was in the ER and be ready to explain why you did not call the court. That might keep you from getting arrested, but it's up to the judge. It will depend on how much of a criminal record you have, if you've missed court before, and how serious of a charge you have against you. You should get a lawyer to improve your chances.

Michael Garber · Answer

You need to call the prosecutor and explain why you missed court and get a new date and bring proof that your child was in the ER when you appear in court.

Steven Fagan · Answer

You'll need to file a motion to quash and recall the warrant in the court clerk's office and then set the motion for hearing. This will likely be on the same day. Once the case is brought before the Court, you'll need to present any proof you have to the Judge. However, the Court would be within rights to execute the warrant and delay hearing your reasons until later. Because of the procedures involved, and because the object is to get the Court to consider your reason for failing to appear, you are strongly advised to retain the assistance of an attorney familiar with the Court and its procedures before attempting to resolve this on your own.

Harris Gilbert · Answer

If you miss a court date the judge will issue a warrant.  However, if you missed for a valid reason you need to present this information to the court asap so they can lift the warrant and place your case back on the calendar.

Mark Broughton · Answer

You need to go to the clerk of the court, get your case placed on the judge's calendar for a hearing to recall the warrant, and at the hearing tell the judge what happened. Bring some documentation if you have it. The judge should recall the warrant and the case should proceed from the point of the failure to appear. Your attorney should be able to do this for you as well. The hearing may be set several weeks away, however, and the warrant will be "active" until then. Assuming that this is not case involving a serious felony, a copy of the paperwork setting the hearing should prevent you from being arrested in the interim.

James Schoenberger · Answer

Set a quash hearing on the warrant right away. Bring evidence of your child being in the ER at the time of the hearing you missed.

Michael J. Breczinski · Answer

Go to the court with something from the hospital and the court will probably cancel the bench warrant and set another date.

Samuel H. Harrison · Answer

As soon as you possibly can, contact the court. Get a new court date. Bring all the paperwork you can to show your child was in the ER when you were supposed to be in court.

Harley Gutin · Answer

Call the Judge's office or your lawyer (first) and get a hearing set to recall the warrant.  File a written motion and attach the proof you were with your child in the ER.  Find out if the warrant has a bond allowed on it.  If you get to the hearing before your arrested you may avoid being arrested and if you get arrested you will either bond out or at least know you have a hearing date set.

Kathryn Hudson · Answer

You should contact the court and ask for the name of the deputy prosecutor assigned to your case and call him/her. If you have documentation of the emergency the court should grant a dismissal of the warrant.

Robert Driessen · Answer

Go to court explain why you missed court to the judge and bring proof.

Jeff Yeh · Answer

Hire a lawyer to go to court to recall the warrant for your arrest (which was issued when you missed your court date). If it is a misdemeanor, an attorney can appear with you present, thereby lessening the chances that you will be taken into custody right then and there.

Craig Elhart · Answer

You will have to appear in court and answer as to why you did not appear.  It will be up to the court to determine what if anything they will do.

Jared Austin · Answer

You will need to turn yourself in and be arraigned in order to get the matter resolved. Otherwise it will just keep hanging on your head. Did you call on the day of your court date to inform them of the emergency situation? The judge may very excuse you but verbally scold you for not showing up, but there remains the chance that the judge could throw you in jail. Explain to the judge why you did not show up, plead for mercy, and hope for the best. I would suggest at least discussing the matter with a lawyer first before you proceed on your own.

Paula Drake · Answer

If you have a lawyer, let them know and follow their instructions. If not and you are worried, get a lawyer to help. If you cannot afford an attorney then contact the public defender. Get proof of the emergency. Most likely the court will recall the warrant and find good cause for the failure to appear.

Louis Leibowitz · Answer

If you miss a court date there may be a warrant for your arrest. If so, you (or a lawyer on your behalf) can file a motion to quash the warrant. The motion must state the reason why you missed court. Having a child in the emergency room is a good reason. However, most judges will not just take your word for it. You should attach something from the hospital to prove when you were there.

Robert Gigstad · Answer

It is never good to miss a court date.  You need to contact an attorney as soon as you can.  You will also need to have proof to back up your story. It is important that you get in front of a judge as soon as you can, to try to remedy your situation.  Best of luck.

Robert D. Lewin · Answer

It sounds as if you had a valid reason for not being at Court. You should get a lawyer right away and get yourself over to the Courthouse to get the default removed and the warrant cancelled. Unless you have a history of defaulting in court, most judges will not order you held. If your child was truly in the ER you should get a copy of the Hospital Record. That will confirm your representations that you were in the ER with your child on the date and time you were supposed to be in Court.

Jared Altman · Answer

Contact your lawyer or if you don't have one, call the court clerk to see if it's been re-scheduled. If not, then ask that it be added to the next available calendar. If a warrant has been issued, then arrange to surrender yourself, preferably with a lawyer.

Ramona Hallam · Answer

Your answer will depend upon whether your case is a felony or a misdemeanor. In most cases you may hire an attorney to appear for you and show your proof of the emergency room visit. The attorney is able to appear pursuant to penal code section 977 without you in a misdemeanor or infraction court. If it is a felony, you will likely have to appear in court with the attorney. Otherwise, you will be able to brave it alone and explain the situation to the court. Courts are usually forgiving in cases like this.

Kiran Nair · Answer

Take a copy of the ER record to verify that is why you missed court date, should be excused.

Jeffrey Pollock · Answer

Immediately take proof of your "alibi" to the relevant Judge's courtroom and apologize.

Eric Sterkenburg · Answer

If you miss a court date and there is a warrant out for you then you need to go to the court that issued the warrant. When you go to the court bring with you proof that your child was in the ER on your court date. Do this on the next day the court is open. Check in with the bailiff and tell him you are a walk in. They will take it from there.

Stephen Freeborn · Answer

Contact the court and ask that the hearing be rescheduled or, in some cases the court may schedule you on a specific calendar that is strictly for those people who have outstanding warrants that need to be addressed.  You probably have little to worry about unless you have a history of missing court dates.

Matthew Murillo · Answer

Add the case on calendar, explain to the judge what happened, and ask for the warrant to be recalled.

Jason Savela · Answer

The sooner you take care of the better if you were on bond, you need to contact the bondsman and get consent of surety to remain on bond contact the court and explain the situation - often, with proof, they will vacate the warrant.

Thomas Ogas · Answer

Have your attorney add your case to the courts calendar for a bench warrant surrender and bring to court with you proof of your ER visit on the date that you missed court.

Leonard Harden · Answer

You need to turn yourself in, if you have a lawyer contact him to help clear the default. Do not wait deal with problem ASAP.

James Edward Smith · Answer

You have to file a motion or get your case placed back on calendar and explain in open Court your excuse.  Not showing up is really only a problem if you wait and don't go back to Court to explain why you missed Court.

Bruce Yerman · Answer

You should go to court with a lawyer as soon as possible to vacate the bench warrant.  Bring proof that your child was in the emergency room (medical records, billing records) on the date of the missed court appearance, and proof that you are the child's parent (birth certificate).  The less time you've been in warrant status, the more likely that the judge will 1) restore you to your previous release status and 2) vacate the forfeiture of bail (if any had been posted).  Good luck!

Edward Kroll · Answer

Contact a lawyer as soon as you can.  It may be possible to get the warrant lifted, due to these extenuating circumstances.  If you do nothing, it is possible that the police could come arrest you, depending on the nature of the charges against you.

Mark R. Thiessen · Answer

Get proof of your child being in the Court and give it to an attorney to give to the judge.  Or go to the judge and tell him/her to remove the warrant.

John Bussman · Answer

Go to court as soon as possible.  Have yourself added onto the day's calendar and have your attorney explain the situation to the judge.

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What happens if I missed a court date because my child was in the ER?

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