If I missed a court date, what are my options?
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If I missed a court date, what are my options?
I had a court date 4 months ago for a possession charge that I didn’t find out about until a week ago. I’m assuming I was found guilty but all I’ve received is a notice for a civil suit from the bondsman. I would really like to know what’s going on. Should I speak with a criminal law attoreny? In Dallas, TX.
Asked on September 14, 2011 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First, you probably weren't found guilty. Criminal cases are different than civil cases. A civil judgment can be entered against you without you being present. However, you have to be present at least to pick a jury in a criminal case. You can only be found guilty if you were in court for the pick of a jury and then ran off after that process started. With that in mind, you need to get in touch with the bondsman to turn yourself in. Texas has a "failure to appear" statute, which means that you can be charged with a new offense for not appearing. If it was an accident, many courts will reinstate your bond if you explain the mix-up and work with your bondsman. The longer your warrant is outstanding, the more it will look like you are absconding-- which means the less likely a judge will want to reinstate your bond. If you have an attorney, they can also help you with this process.
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