What to Do If You Miss Your Court Hearing in West Virginia Criminal Court
Missing a court hearing in West Virginia can be a stressful and potentially dangerous situation, especially if you're facing criminal charges. Whether it was due to an emergency, a simple mistake, or confusion about the court date, missing court can lead to serious consequences, including additional charges, arrest warrants, or a negative impact on your case. However, it’s not the end of the road, and there are steps you can take to resolve the situation before things get worse.
At Frank Walker Law, we understand that life can get in the way of important obligations, and we are here to help you navigate the legal system if you find yourself in this unfortunate position. In this blog post, we’ll explain what can happen if you miss your court hearing in West Virginia, what steps you should take immediately, and how an experienced attorney can help you avoid further complications.
What Happens If You Miss a Court Hearing in West Virginia?
In West Virginia, failing to attend a scheduled court hearing is taken seriously. Courts expect defendants to show up for their hearings as part of their legal responsibilities. If you miss a hearing, you may face one or more of the following consequences:
1. A Bench Warrant May Be Issued
When you fail to appear in court, the judge may issue a bench warrant for your arrest. This is a legal order authorizing law enforcement officers to arrest you and bring you before the court. Once a bench warrant is issued, you can be arrested at any time, even during a routine traffic stop or other unrelated encounters with law enforcement.
2. Your Bail May Be Forfeited
If you were out on bail, missing your court appearance could lead to the forfeiture of your bail bond. This means that the bond company or the individual who posted your bond may lose the money they put up, and you may be held in custody until your next court date or until the issue is resolved.
3. Additional Charges Could Be Filed
In some cases, failing to appear in court can lead to additional criminal charges. In West Virginia, missing a court date may result in a failure to appear charge, which could be classified as a misdemeanor or felony, depending on the nature of the original crime. This could worsen your situation and make it harder to negotiate a favorable outcome in your case.
4. A Negative Impact on Your Case
Missing court can negatively affect the judge's perception of you and your case. The court may view your absence as disrespectful or as an indication of an unwillingness to comply with the legal process. This can harm your credibility and make it more difficult to reach a favorable outcome in your case.
What to Do If You Miss Your Court Hearing in West Virginia
If you’ve missed a court hearing, don’t panic. There are steps you can take immediately to minimize the damage and avoid worsening your legal situation.
1. Contact an Attorney Right Away
The first thing you should do if you miss a court hearing is contact your attorney immediately. An experienced criminal defense lawyer can assess your situation and help you understand your options. If you don’t have an attorney, you should consult with one as soon as possible. Your attorney can work with the court to try to reschedule the hearing or negotiate on your behalf.
At Frank Walker Law, we specialize in handling missed court appearances and can help you manage the legal consequences quickly and efficiently. If there’s a warrant for your arrest, we can work to have the warrant recalled and help you turn yourself in voluntarily, which may result in more lenient treatment by the court.
2. Notify the Court as Soon as Possible
If you miss a court hearing, it’s crucial that you inform the court as soon as you realize the mistake. Call the court clerk’s office or the judge’s office to explain why you missed the hearing and request a new date. If there is a valid reason for your absence, such as an emergency, illness, or misunderstanding about the date, the court may be willing to reschedule the hearing or reconsider issuing a bench warrant.
3. Work to Get the Warrant Lifted
If a bench warrant has already been issued for your arrest, you may be able to get the warrant lifted by appearing in court voluntarily. Turning yourself in can show the court that you are not trying to evade responsibility, and it can potentially help minimize the negative consequences of your absence.
Your attorney can help you navigate the process of getting the warrant lifted and ensuring that you face the least amount of damage possible from missing your court appearance.
4. Be Prepared to Explain the Reason for Your Absence
When you do appear in court, be ready to explain why you missed your hearing. If it was due to a legitimate reason, such as a medical emergency or transportation issues, the court may be more understanding. However, you must provide documentation to support your explanation, such as:
Doctor’s note or hospital records for medical issues.
Travel documentation for unavoidable delays or transportation problems.
Proof of a legitimate misunderstanding regarding the court date.
It’s important to take responsibility for missing the hearing and show that you have taken steps to remedy the situation.
5. Attend All Future Court Hearings
Once you’ve resolved the issue, it’s crucial to attend all future court hearings as scheduled. Missing another court date can lead to even harsher consequences, including additional criminal charges and a negative impact on the outcome of your case. Make sure to keep track of all future court dates and set reminders for yourself.
If you are unsure about a hearing or can’t make it for any reason, contact your attorney immediately. They can help reschedule the hearing or request a continuance on your behalf.
How Frank Walker Law Can Help You After Missing a Court Hearing
At Frank Walker Law, we understand that mistakes happen. If you’ve missed a court hearing, we are here to help you navigate the situation and minimize any negative consequences. With our extensive experience in criminal defense, we can help you:
Avoid an arrest warrant or work to have the warrant recalled.
Reschedule your hearing and negotiate with the court on your behalf.
Mitigate additional charges that may arise from missing court.
Protect your rights and ensure that you have a fair chance in your case moving forward.
Our goal is to help you resolve your case as efficiently as possible while protecting your future. Missing a court date doesn’t have to be the end of the road; with the right legal counsel, you can get back on track and continue working toward a favorable outcome.
Contact Frank Walker Law Today
If you’ve missed a court hearing or have any concerns about your criminal case, don’t wait to take action. Contact Frank Walker Law today for a free consultation. We’ll help you understand your rights, guide you through the legal process, and work to resolve the situation quickly and effectively.
Call us or schedule an appointment online. We’re here to protect your rights and help you move forward with confidence.
Your future is too important to leave to chance. Let us help you get back on track and ensure that you avoid the consequences of missing a court hearing.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.