What happens if I miss a court date in a Utah criminal case?
If you are miss a court date in a Utah criminal case, there
are a number of consequences you may face. The most immediate
consequences is usually the issuance of a bench warrant for your arrest
If you have missed a court date, contacting the court immediately to
try to schedule a new hearing date with the judge can be important. But
you need to be prepared to address the failure to appear once you get a
new court hearing. An
experienced criminal defense attorney can help you determine the best course of action.
Based in Salt Lake City,
criminal lawyer Stephen Howard
provides legal services to clients throughout Utah.
Contact us today to
arrange for an initial confidential consultation.
Will I be held in jail till the case is resolved?
If you fail to appear for a scheduled court hearing in a criminal case,
most judges will immediately issue a
bench
warrant for your arrest. Often times, the bail on the warrant
will be set at a higher amount than what was originally set in the
case. In cases where a defendant has repeatedly missed court dates, the
judge may issue a "no bail" warrant. If you are arrested and booked in
jail on a "no bail" warrant or if you cannot afford to post the
necessary bail, the court can hold you in jail until the case is
resolved.
Will failing to appear in court affect the plea negotiations
process?
Missing court can affect how you are viewed by the prosecutor during the
plea negotiation
process. In order to get the best possible plea offer, your attorney
will need to give the prosecutor reasons to grant a lenient plea offer.
In some cases, there may be factual or legal holes in the prosecutor's
case that can be exploited and used to convince a prosecutor that
taking the case to trial is too risky for the prosecution. In other
cases, plea negotiations will focus on the defendant's conduct
following the alleged crime. Did the defendant get involved in
treatment or counseling? Did the defendant begin efforts to make
restitution? Has the defendant taken steps to demonstrate that any
necessary "course corrections" are being made in his or her life?
If
you fail to appear in court without a valid excuse, you may make
yourself look irresponsible. To some prosecutors, missing court may
make it appear as though you are not taking the criminal charges
seriously, and that you need to be "taught a lesson." In such
circumstances, a prosecutor may be less willing to extend a favorable
plea offer.
Will missing court change the sentence that the judge will
impose?
While there is not a direct effect on the sentence, missing court can
indirectly affect what the prosecutor will ask for or what the judge
will impose as a
sentence. One of many factors that can be considered
in determining a sentence in a criminal case is how likely it is that
the defendant will comply with the terms and conditions of probation if
the court chooses to suspend a
jail or prison term. If you have
demonstrated to the court that you are not responsible enough to show
up at your required court hearings, the judge may be less inclined to
believe that you will be responsible enough to follow through with the
court's orders and probation conditions.
If you have showng the court that you cannot be trusted to show up
voluntarily to your court hearings, you may face an uphill battle in
convincing the judge that you can be trusted with the privilege of
probation.
Can the court hold a trial without me if I miss a court date?
Both the United States Constitution and Utah Constitution provide a
criminal defendant with the right to be present at
trial, to confront
and cross-examine witnesses, and to participate with counsel in
presenting a defense to the charges that have been filed by the
prosecutor. But if a judge is convinced that you have voluntarily
absented yourself from court at the time when your trial is scheduled,
the court may proceed with a "trial in abstentia."
Having a trial conducted in your absence is often a quick route to a
conviction. Constitutional protections given to criminal defendants
include the right to testify on their own behalf. In some cases, the
chief evidence to rebut the prosecution's allegations will come from
the defendant's own testimony. If do not appear in court for your own
trial, you cannot testify and the jury may not hear your side of the
story.
Finding a Criminal Defense Attorney in Salt Lake City

When
you are facing criminal charges in Utah, coming to court on time
needs to be a top priority. If unavoidable circumstances
prevent you from appearing in court, you need to take steps to obtain
documentation to verify and explain why you missed court. An
experienced criminal defense attorney can help you determine the best
course of action to take to clear the bench warrant and avoid the
negative consequences that can come from missing court.
Based
in
Salt
Lake City, Stephen Howard offers legal services to clients
throughout Utah. Mr. Howard is an experienced
criminal
defense attorney, with a
track record of achieving
real results for his clients in
felony and
misdemeanor cases. For help clearing a bench
warrant in Utah or in handling other criminal
defense matters,
contact us
now for an initial consultation.
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