QUESTION
How does one fix a failure to appear charge?
Asked on May 20th, 2013 on Litigation - Georgia
More details to this question:
I recently found that I had a court hearing for a past minor crime that I had committed. Its about 3 days past the date now, and I know for sure that I will be hit with a Failure to Appear charge. How can I go about fixing this charge and show that it was a simple mistake?
6 ANSWERS
There is no way to fix that. You need to hire an attorney to handle this for you, or call the court and see if they have issued a warrant yet. Ask if you can pay the bond and get a new court date. The court will charge you an additional fee for the Failure to Appear charge. There is nothing you or any attorney can do about fixing the Failure to Appear charge. It will not be reduced to a lesser charge or dismissed.
Answered on May 22nd, 2013 at 10:38 AM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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If its a crime minor or not - I'd be more concerned with the bench warrant that was most likely issued. If there was a warrant issued, you don't really have to do anything. You'll get picked up soon, processed, get a bond set and a brand squeaky new court date that hopefully the sheriff's dept has impressed upon you the importance of not blowing off. Oh, and along with the possibility of a nice $200 penalty as well. If there was no warrant issued you may have 20 days to go to the clerks office, explain you missed your court date and if they have time, they will sick you in front of a judge where you will have to stand tall before the man and explain your tardiness. Depending on how good your excuse is, the judge may strike the FTA and set you a new court date or possibly take care of the case right then and there. However, your best bet is to hire an attorney to resolve this for you. If you are the kind of person who misses court dates - you will most likely muck things up if you attempt to handle your own legal work.
Answered on May 21st, 2013 at 10:34 AM
Bankruptcy Attorney serving Federal Way, WA
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Call the court clerk's office, explain what happened. The clerk when then do one of 2 things, (1) recall the warrant and set a new hearing date (this is generally done if the defendant has absolutely nothing on their criminal record. (2) set you to appear on a warrant recall calendar, where you will go before the judge, explain what happened. The judge will then in almost all circumstances, recall the warrant.
Answered on May 20th, 2013 at 10:07 PM
Hire a lawyer, who can go to court to recall the warrant without you present, so it is less risky for you.
Answered on May 20th, 2013 at 10:07 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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I would recommend that you speak with an attorney in your area as soon as possible to discuss this situation further. You say a minor criminal matter....are you charged with a misdemeanor, infraction. Generally it is best to clear the FTA's as soon as possible. Depending on whether the case is an infraction or misdemeanor, and which court your case is in, will make a difference on how the fta is handled, and whether there is a bench warrant, or hold on your drivers license.
Answered on May 20th, 2013 at 10:02 PM
Criminal Defense Attorney serving Huntington Beach, CA
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Law Offices of James Elliot McIntosh
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Go to the Court. Your case will be sent to the Judge. If you hire an attorney, the attorney can make the appearance for you.
Answered on May 20th, 2013 at 9:55 PM