What Happens if I Miss My Court Date in Michigan?

Missing a court date can feel like a point of no return. But it does not have to be. Whether you forgot, had an unavoidable conflict, or made a decision you now regret, if you do not act quickly, your case could take a turn for the worse. After an arrest, you may have been granted a measure of freedom, whether by posting bail or on your own recognizance, with one condition: that you show up. When that condition is broken, the court can revoke your bail and issue a warrant for your arrest.

Criminal defense attorney Robert Elmen helps clients navigate this exact situation. He can represent you in court, explain the circumstances that led to the missed court date, and fight to help you avoid the most severe consequences. But you must act quickly. The longer you delay, the more difficult it becomes to fix a missed court date.

What Happens If I Miss My Court Date?

The consequences of missing a court date can differ depending on the nature and severity of the underlying charge. For minor infractions like a parking ticket or traffic violation, the court might mail you a notice of failure to appear and reschedule the court date. In more serious cases, the consequences can be significantly harsher.

Bench Warrant

When you miss a court date in a criminal case, the judge can issue a warrant for your arrest. A bench warrant authorizes law enforcement agents to arrest the person named in the warrant whenever they come into contact with that person, regardless of the circumstances. Except in rare circumstances, the police will not usually seek you out at your home, but they can arrest you if you are stopped for any reason, even a minor infraction like a traffic offense.

Additional Charges for Failure to Appear

You could be charged with failure to appear, a separate criminal offense that could complicate your case.

Fines and Bail Forfeiture

The court can impose monetary fines or, if you have not presented yourself to the court after 48 hours, order that you forfeit your bond.

Driver’s License Suspension

Missing a court date in a traffic case can lead to suspension of your driver’s license.

Contempt of Court

The judge could find you in contempt of court, which carries a maximum fine of $7,500.

Voluntary Presentment Within 48 Hours

In most Michigan cases, the court cannot revoke the bond you paid if you voluntarily come to court within 48 hours of missing your court date. However, there are exceptions to this rule. If you were charged with domestic violence or an assault offense, the court can issue a bench warrant for your arrest immediately.

Will the Court Accept an Excuse for a Missed Court Date?

There are various reasons you might have missed your court date. While these reasons might be genuine, failure to appear still carries serious legal consequences. Nonetheless, depending on your situation, the court might accept proof of mitigating circumstances. For example, you might have a valid excuse for missing your court date if:

• You were injured or hospitalized with a sudden medical emergency
• You experienced a recent death in your immediate family
• You were not properly notified of the date and time of the hearing
• You mistakenly believed your appearance was not required, especially in cases where you have legal representation
• A mental health condition, such as severe anxiety or depression, made it impossible for you to appear in court

I Missed My Court Date. What Do I Do?

You may be able to avoid the most serious consequences if you have a valid reason for missing your court date. You should contact your attorney immediately for advice on how to proceed. Do not appear in court without your lawyer present. Let your attorney explain your situation to the judge.

If you do not have a valid reason for missing your court date, you should:

1. Hire a criminal defense attorney if you do not already have one. A criminal defense attorney can prepare a legal defense and communicate with the court to explain why you missed your court date.
2. Arrange a new court date. Your attorney can ask the court to reschedule your court date. The court is more likely to be lenient if you have a valid excuse.
3. Turn yourself in (in certain circumstances). In certain circumstances, it might be wise to turn yourself in voluntarily.

How a Criminal Defense Attorney Can Help

Anyone facing criminal charges should have experienced legal representation. This is especially true if you miss a court date. Your criminal defense attorney can communicate directly with the court to explain your circumstances, request a new hearing, and protect you from the most severe penalties.

Contact Elmen Legal Today

Elmen Legal is located in Ann Arbor and represents individuals in criminal matters throughout Michigan. Call (734) 707-8915 or contact Elmen Legal online to schedule an appointment to discuss your situation and how Robert Elmen can help.