What Happens When You Miss a Court Date?
Charged with a crime and you missed your court date?
If you miss your court date, the court must wait 48 hours before issuing a bench warrant. This allows you to voluntarily come to the court in that 48 hour window and take care of your matter. The court cannot revoke a bond that you paid or promised to pay as long as you turn yourself in within the 48 hours. MCL 762.10d.
There are exceptions to this rule. For instance, if you are charged with domestic violence or an assaultive offense the rule does not apply and the court could issue a warrant for your arrest right away.
If the case is not an assault or a domestic violence charge but more than 48 hours has passed since you missed your court date the court can issue a bench warrant. What is a bench warrant? It basically ordered police to arrest you and bring you to the court in the event they come into contact with you. You are better off turning yourself in.
Even if you miss your court date and a warrant is issued, as long as your turn yourself in within a year of that warrant being issued you cannot be considered a flight risk. The court has to set a bond without considering you a flight risk and set the matter for the next stage of the criminal proceeding. (This section does not apply to people charged with assaults or domestic violence.)
Once you turn yourself in, the court is required to arraign you within two hours of turning yourself in. If a judge or magistrate is not available to arraign you then the court has to cancel the warrant and provide you with a new court date.
If you missed a court date consider calling Boria Law – Criminal Defense Attorney to help you though the turn in process. It is a lot easier and less scary when you go to court with someone that knows that they are doing. Call attorney Aaron J. Boria today at (734) 453-7806. We are located in Plymouth and primarily serve Southeast Michigan.
