What Happens if You Miss Your Court Date in North Carolina?

When someone is charged with a traffic violation or criminal offense in North Carolina, they are assigned a court date for a formal reading of their charges. For less serious offenses, it’s common for the individual to be assigned a court date in the near future, allowing them to go about their regular life until their court date. It’s vital to know what happens if you miss your court date in North Carolina and acknowledge the importance of making this appearance on time.

What Happens if You Miss Your Court Date in North Carolina?

According to the North Carolina State Bureau of Investigation, there were about 2,177 property crimes and about 413 violent crimes per 100,000 people throughout the state in 2023. Whenever a person is charged, they will either be kept in police custody until their first court appearance, given the option to post a bond for their release until their court date, or released on their own recognizance until their court date.

It is crucial to make your court date, regardless of how minor you think your case may be. Failure to appear for your court date can lead to several possible consequences: 

• The court could issue an order for arrest. This means you could be arrested immediately or at any time until the matter is resolved.
• If you have posted any type of bond to ensure your appearance at your court date, the bond will be forfeited to the court, and you will not be reimbursed.
• It’s common for the court to apply additional fines and other penalties for failure to appear for a court date.
• If you are called to court for a traffic violation and fail to appear, the court will notify the Department of Motor Vehicles, and your driver’s license could be administratively suspended.
• After a certain period, you could be formally charged with failure to appear. It is also possible to face other criminal charges if you fail to appear in court for a more serious criminal charge.
• Failure to appear for your court date could worsen your criminal record, making it harder for you to find work or housing in the future.
• If you do not resolve a traffic violation, it could lead to increased auto insurance premiums.
• If your driver’s license is suspended due to failure to appear, and you continue driving, you could then face an additional charge for driving while your license is revoked.

It’s important to recognize the fact that failure to appear for your court date can have a snowball effect when it comes to the resulting consequences. Not only can you face significant issues related to the original reason why you were called to court in the first place, but you could also lose your driver’s license, face various fines and other financial penalties, and the record of your failure to appear will continue to impact your life in the future in negative ways.

What to Do if You Miss Your Court Date in North Carolina

If you miss your court date in North Carolina due to reasons beyond your control, it is crucial to hire a criminal defense lawyer at your first opportunity so they can help you resolve this situation. Your attorney can explain your options for addressing both the initial reason you were called to court, as well as the resulting penalties from failure to appear.

Your attorney can help you resolve the failure to appear charge, and if you have a legitimate reason why you missed your court date, such as a family or medical emergency, your attorney may be able to argue for leniency from the court for you. Additionally, if you have had your driver’s license suspended or revoked, you will need an attorney’s help to get your license reinstated.

FAQs

Q: Can You Go to Jail for Failure to Appear in North Carolina?

A: Yes, it is possible for you to go to jail for failure to appear in North Carolina. Failure to appear is a separate criminal charge, so you could not only face penalties for the original offense that led to your court date but also for failure to appear. Failure to appear is a misdemeanor in North Carolina that can be punishable by a fine, jail time, and other penalties assigned at the court’s discretion.

Q: Can You Reschedule a Court Date in North Carolina?

A: Yes, it is possible to reschedule a court date in North Carolina, but this will require filing a motion with the court. You should contact the County Clerk’s Office as soon as you realize you need to reschedule to request the necessary form. You must also provide a clear and convincing reason as to why you need to reschedule and provide supporting documentation. If you hire a criminal defense lawyer, they can assist you with filing this motion.

Q: Why Should I Hire a Criminal Defense Lawyer if I Miss My Court Date?

A: You should hire a criminal defense lawyer if you miss your court date because the penalties for missing it could be more serious than you expect. Additionally, even if you have a legitimate reason why you missed your court date, conveying the details of the situation to the court could be difficult without an attorney’s assistance. Ultimately, you have the greatest chance of resolving your missed court date with a positive outcome when you have legal representation.

Q: Can a Failure to Appear Charge Be Dismissed in North Carolina?

A: It is possible for a failure to appear charge to be dismissed in North Carolina in various ways. The judge could decide to strike the charge from the record at their discretion. For example, if you provide a compelling reason as to why you missed your court date or if you can prove that you were not given proper notice, the judge may deem this appropriate. Your attorney can also help you file a motion to dismiss the failure to appear charge.

Missed a Court Date in North Carolina?

Ultimately, it is vital for everyone to know what happens if you miss your court date in North Carolina. No matter what type of charge has been filed against you, it is crucial to make every effort to appear for your court date, but if you cannot due to reasons outside of your control, you should hire a criminal defense lawyer to assist you with this situation. Contact Christina Rivenbark & Associates for help if you have missed a court date in North Carolina.