It isn’t easy to have a busy life and be everywhere you should be all the time, and in some cases, these can be important places like in our case missing a court date in Franklin County, NC because you forgot about it or because you had some other emergency. With a missing court date, the anxiety that you have can triple, especially if you don’t know what’s going to happen next.
Life happens to all of us and in moments like this the one of the first things to think about is that you are not the only one that went through this. Stay calm and keep on reading. This article is exactly for you. We will give you a few ideas on what you should do and what’s going to happen next.
What Happens If You Miss the Court Date?
- Violation of court’s order
A violation of court’s order is recorded as a Failure to Appear (FTA). As soon as any party fails to attend a court hearing, any party to the case, or the case’s designated court clerk, can legally mark the case as a Failure to Appear.
- Added court costs
A court’s $200 Failure to Appear ruling can, and frequently does, reaffirm the court citation, and in doing so, significantly raises its original financial burden. - Loss of driving privileges
The court sends a notification of having failed to attend the court 20 and 40 days after the scheduled court date. Once this period is elapsed, the court notifies the NC mop license can be withheld and entirely suspended pending a court ruling.
- Petitioning for one’s arrest
Complaints such as reckless driving, DWI, and driving without a valid license, have a particular hazard of attaching a bail for lack of payment. While this, in most cases, is not probable for lesser misdemeanors, the underlying threat is irrefutable.
What To Do If You Missed Your Court Date
- Act quickly
Resolving issues quickly is vastly more effective than procrastination, which will result in additional late fees and complex problems pertaining to one’s driver’s license. - Get in Touch with the Clerk’s Office
Get in touch with the Clerk’s Office to get more information related to your case. You will also find out whether your case has a new designated court date, if an arrest order is pending, or if you are liable to any additional fines.
Clerk of Superior Court
Phone Number: 919-497-4200
Location: 102 South Main St. Louisburg, NC 27549 - Check with the DMV
Pick up the phone and check the system of NC DMV. You may also confirm your driving records online. Although if a significant amount of time has passed, it’s likely that your license is in suspension. - Hire or consult a traffic attorney
There is a high probability that most of the traffic attorneys in Franklin County, NC like Scheuring Law, PLLC could help you to submit a Motion to Set Aside your Failure to Appear, to more quickly and directly resolve the issue. Depending on your charges, some attorneys can also represent you in court. - Don’t ignore it
To simply dismiss the existence of time is in itself exceptionally unreasonable. In the case of pending tickets, if they still have not been attended to the consequences include denial of license to operate a motor vehicle, rise within the domain of insurance, and criminal prosecution.
Will I Go to Jail for Missing Court?
In most circumstances, if you fail to appear for an adjudicatory hearing for a minor traffic infraction (i.e. speeding, seatbelt, registration expired, buckle up), you will more likely than not be incarcerated. In the event the traffic ticket is for something more egregious, or if you pay no attention to multiple notifications, the presiding judge may very well place you under an order of arrest.
Final Thoughts
Like Napoleon Hill once said, “Do it now!” can affect every phase of your life. It can help you do the things you should do but don’t feel like doing. This also refers to your missing court date. You have to act ASAP. Your first and most important move is to find a lawyer. A good lawyer, not just an amateur. Your lawyer will tell you what the situation is. You won’t go to jail right away, but an unresolved case like this sitting in the system will give you lots of headaches later on. It can touch your driving record, your finances, and in general, your everyday life because we all rely on our driver’s license to go to work, pick up the kids from school, etc. Many people don’t realize that, and they end up with problems when they want to renew their license or at a traffic stop in another county.
Also, when you are quick at doing the right thing with your missing court date, it shows the court that you are responsible, and this important fact leads to a better outcome for you in the long run. So, make sure to talk to a traffic lawyer and remember that the information provided herein is given for educational purposes only and is not to be construed as legal advice. Never take any action without first consulting with an attorney. Failure to do so can result in your license being suspended, your insurance rates going up, or in some cases, potentially going to jail or having a permanent conviction on your criminal record. No attorney-client relationship is formed by the information being provided herein.