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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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I miss a court day on January 26 / 2016 because I forgot and

Customer Question

I miss a court day on January 26 / 2016 because I forgot and I loss the pink summon , I find it days later and now I don't know what to do about it
Submitted: 9 months ago.
Category: Criminal Law
Expert:  RobertJDFL replied 9 months ago.

Thank you for using Just Answer. I look forward to assisting you.

I'm sorry to hear what happened. However, rest assured that this happens to a lot of people -you're not the first. So, although this is serious, you can take action now.

The most serious concern is that when you didn't show up, the judge may have issued a bench warrant for your arrest. This means that the police can take you into custody at any time – at a routine traffic stop, at your home or office, or when you appear at court on another matter. If you do not address the warrant, you will have to worry constantly that you may suddenly be taken to jail. Many times, these warrants are not actively pursued when the case involves something minor, such as a speeding ticket. "Not actively pursued" means local cops don't go out of their way to serve you the warrant.

If you have a lawyer, contact them to see if there is a bench warrant out. If there is, they'll need to appear in court and explain to the judge why you failed to appear and get the warrant "quashed" (removed). If you don't have a lawyer, call the Clerk of Court. Explain that you lost the summons and thought that the court date was later, and just found the summons and realized you missed it over a month ago. See if you can reschedule the court date. The Clerk should also be able to tell you if there is a warrant out. If there is, I think you'd be better off getting a lawyer at that point to quash the warrant, but the alternative is you wait until your new court date and show up and explain to the judge yourself what happened and ask them to forgive you and assure them you will never miss another court date. Unless you're a "frequent flyer" in their courtroom, chances are the judge will let the warrant go.

Expert:  RobertJDFL replied 9 months ago.

If you have further questions or need clarification about this matter, please reply, and I'll be happy to assist you. Otherwise, kindly remember to leave me a positive rating (3-5 stars) as that is the only way experts on this site are paid for our time and expertise, even if you have previously left a deposit. Thank you.

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