It is possible to talk your way out of most obligations these days. You can get out of attending a destination wedding by complaining about the prohibitive costs. You can decline invitations to multilevel marketing parties by claiming that you have to work or help a family member with home repairs; with any luck, the host will get the message that there are more effective ways to be economically productive than guilt-tripping people who would otherwise enjoy your company into buying overpriced nutritional supplements. When it comes to a court appearance, such as a hearing or trial in a civil or criminal case, your invitation to attend is a court order, not merely a polite gesture. In some instances, you can even get criminal charges for failure to appear in court when ordered to do so. A Tulsa criminal defense lawyer can represent you if you are facing criminal charges for failure to appear or for any other criminal offense.

Consequences of Failure to Appear in Court

If you miss a scheduled appearance in civil court, the court can hold you in contempt, which usually involves financial penalties, such as monetary fines. If you have a history of disobeying court orders, the court might also hold you in criminal contempt, which can include jail time. If you miss a court appearance in criminal court, though, the judge can issue a bench warrant, which means that police can arrest you and bring you to court to address the matter underlying the original court appearance that you missed. If you think that the court might have issued a bench warrant, you should hire a criminal defense lawyer and have your lawyer contact the police department so that you can turn yourself in on your own terms. You can also contact the police department yourself without hiring a lawyer.

The state has the option to file criminal charges for failure to appear in court if you miss a scheduled court appearance. Usually, failure to appear in court is a misdemeanor, with a maximum penalty of two years in jail. If the underlying court case is a felony or if you have prior criminal convictions, the state may upgrade the misdemeanor failure to appear charge to a felony.

Is it Ever Legally Acceptable to Miss a Court Appearance?

Yes, it would be cruel and unfair for the court to charge someone for failing to appear if the person missed the court date because of a true emergency. The criminal courts of Oklahoma evaluate missed court appearances on an individual basis. For example, you may be able to demonstrate that the court told you the wrong time to appear or did not notify you of the court date at all. You may also be able to avoid charges for failure to appear if you missed the court date because of a medical emergency involving you or a member of your immediate family.

Contact Tracy Tiernan About Criminal Defense Cases

A criminal defense lawyer can help you exercise your rights if you are being charged with failure to appear in court.  Contact Tracy Tiernan in Tulsa, Oklahoma, to discuss your case.

Sources

https://law.justia.com/codes/oklahoma/2022/title-22/section-22-983/