Many people do not realize that if you are issued a summons to appear in court for any reason, you are required to appear in court on that day or you will face harsh consequences. Regardless of whether you were scheduled to be in court for a major criminal charge, a fairly minor hearing, or even missing a court ordered DUI class or rehabilitation, a charge of failing to appear in court may result in a warrant for your arrest. If a judge directly issues a bench warrant for your arrest, you can be arrested anywhere and at any time. This is why you must get in touch with an experienced Philadelphia criminal defense attorney right away if you have been charged with failure to appear in court.
Under Pennsylvania law, a judge may issue a warrant for your arrest if the following conditions are met:
- You failed to appear in court for a conference and/or a hearing, as ordered by the court; and
- You had actual notice of the time and date of the conference and/or hearing, or there is clear evidence that you received notice of the time and date.
If these conditions are met, the judge overseeing the conference or hearing may issue a bench warrant for your arrest. Once the warrant has been issued, your name will be added to a statewide database, which is meant to help police to locate you and arrest you. And if you are found in another state, you may be extradited back to Pennsylvania as a result of your failure to appear charge.
Unfortunately, these arrest warrants do not just “disappear” if you try to wait them out. Because the warrant authorizes police to arrest you anywhere and at any time, you could be arrested if you simply were pulled over for a basic traffic offense or are simply seen out and about. Additionally, some police have technology that can scan for your license plate while you are out driving, and if they find you they are authorized to automatically arrest you. Consequently, it is important to contact an attorney who can help you with your failure to appear charge before you are arrested; however, even if you have already been arrested and detained on a bench warrant from a failure to appear, you should still not hesitate to contact our qualified Philadelphia criminal defense lawyers.
Once you have been arrested, you may be taken directly to the judge if you are arrested during normal business hours on a weekday. However, if you are arrested on a weekend, you may be held in jail for up to three days before you receive a hearing on your failure to appear charge. In addition, you may be charged with contempt of court because of your failing to appear at your hearing or conference. If this occurs, you may also face additional jail time, up to 18 months, and fines of up to $1,000 as a penalty for your failure to appear charge. Your attorney will protect your rights and ensure that you are treated fairly after your arrest.
Our lawyers understand that this charge can be very frightening, especially if you simply made a mistake and forgot about your court date. But even if you failed to appear for other reasons, including simply being afraid to go to court, we will assist you with your defense and ensure that your rights are protected throughout the process. If you are able to contact us prior to your arrest, we can help resolve the issue before you are arrested. But if not, we will defend you at your failure to appear hearing and work to have the charges dropped or reduced. Don’t wait — call our office today if you have missed a court date and are facing a failure to appear charge.
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