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So You Missed A Court Date. (Help!)

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Mistakes happen. No use berating yourself (or someone else) for a choice or error you can’t change. It’s time for you to shift into problem-solving mode. Missed court dates can get sticky, so our legal team put together this post to explain what happens when you miss a court date–and what you should do to fix it:

What Happens When You Miss A Court Date?

  1. The court will issue what is called a “capias.” In other words, they will put out a warrant for your arrest. This essentially means all officers in that county will be tasked with arresting you & bringing you into court.
  1. Top priority: filing a “Blue Motion” to recall the capias (have the judge rescind the order to arrest you). A Blue Motion is the court system equivalent to providing a note at school when you miss class. (Whether teachers or judges are more strict is still up for debate.) Essentially, you need to ask the court for forgiveness and request a new deadline by providing a legitimate excuse for your absence. This is accomplished through your attorney.

Okay, Point Taken. Now What Should You Do?

  1. Hire an attorney! You need someone in your corner that is equipped with the knowledge and foresight necessary to navigate mistakes like missing a court date. Check out our blog post on choosing the right defense attorney for tips.
  1. Once the motion is filed, your attorney will work with the court to get the date reset. Problem solved!

Some Final Thoughts & Resources Related to Missed Court Dates:

You missed a court date, but it’s not the end of the world! The important thing is that you take the right steps to get out of your predicament. Still feeling overwhelmed or unsure? Call our office and schedule a free consultation with one of our attorneys. If you’ve got questions, they’ve got answers.

As always, if you or your loved one need legal representation in a criminal defense or family matter, reach out to us today.

For additional updates and information on our local court, their departments, as well as our elected officials, visit the Montgomery County Circuit Court Clerk website.

Criminal Defense, Legal Tips

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