What Happens If You Are Late to Court in North Carolina? 2024

If you’re late, forgot to reschedule, or simply failed to show up for your court appearance, there are certain measures you can take to correct the mistake. However, the time window is small, and potential repercussions may soon follow. To understand what happens if you are late to court in North Carolina, consider the following.

Be sure to consult with your criminal defense lawyer in Gastonia about missing court, whether for a simple traffic violation or for serious criminal charges. They can advise you on the next steps.

What Is a Failure to Appear Charge in North Carolina?

From traffic violations to criminal charges, there are a number of reasons that a person may need to appear in court. Criminal charges will be presented in a court where a judge will make certain determinations such as bond amounts, trial dates, or address pretrial motions. If faced with a traffic violation, you could be asked to appear for more serious violations, or you may wish to fight back against the ticket.

In some situations, your court date may not be required, but it’s important not to miss it whether or not you plan to contest a charge.

If you happen to miss your mandated court date because you are late to the courthouse, forgot, or for any other reason, you can contact the County Clerk’s office within 20 days of the original hearing in order to reschedule another court appearance. By doing this, you avoid receiving a Failure to Appear (FTA) charge. In more severe cases, the judge may decide to issue a FTA immediately following your missed court hearing.

An issued FTA for a traffic violation will notify the DMV to promptly revoke your license until your case is completed. All fees must be paid before you can have your license reinstated. FTAs are serious; ignoring or not taking action to resolve the charge can result in a warrant for your arrest. Potential penalties for an FTA conviction include a fine and/or a jail sentence.

In the event you miss your court date for a criminal offense, you will be charged a late fee along with any fines resulting from your criminal conviction. These could include additional fines that are issued by the court. If you miss your court date or are running late, it is advisable to speak with your attorney as soon as possible, who could help mitigate these consequences.

Resolving Your Charges Out of Court

Depending on the seriousness of the charges against you, you may be able to resolve the matter without having to attend court. For example, with certain traffic violations, you can choose to pay the fine or fight the offense with the help of a defense attorney. For more severe offenses, such as those with mandatory court appearances, you can discuss with your lawyer whether to plead guilty, fight the charges in court, or work to have charges reduced or dismissed.

If you delay taking measures in resolving or requesting reductions for your case outside of court or decide to litigate the charges, it’s important to follow your lawyer’s counsel, including showing up in a timely manner for any court appearances.

Fixing a Failure to Appear

If you miss a hearing and don’t reschedule it within the allotted deadline, contact your criminal defense attorney right away. An experienced lawyer may be able to get the FTA charge removed or dismissed and the accompanying penalties lifted. Another option is to post bond for the FTA, which varies depending on the severity of the charges against you.

FAQs About Late to Court in North Carolina

What Happens If You Miss a Court Date in North Carolina?

If you miss a court date in North Carolina, you are advised to contact the county clerk as soon as you’re able to reschedule another court hearing. You usually have a 20-day window to do this before facing repercussions. If you don’t reschedule in time, the court will likely charge you with Failure to Appear and could issue a warrant for your arrest. If you are late to court or miss a scheduled date, speak with your attorney right away.

Can You Reschedule a Court Date in North Carolina?

In North Carolina, you can reschedule a court date beforehand or after missing a hearing by contacting the Clerk of the Court’s office. If you need to reset an upcoming hearing, explain to the clerk why you need to reschedule. They may request proof of your reason, and if it is approved, they will give you the new date and time. Be sure to reschedule a missed court appearance as soon as possible to avoid a Failure to Appear charge.

Do I Need a Criminal Defense Lawyer in North Carolina?

You’re entitled to hire a lawyer for any criminal case; it’s not required, although it is strongly recommended. A defense attorney can explain your options and the potential consequences if convicted, negotiate on your behalf, and represent you in court. The help of a lawyer may be particularly helpful if you’ve been charged with failing to appear at a required court hearing, as they can get the charge and penalties reduced or dismissed.

How Do You Know If It’s Worth Fighting a Traffic Ticket in NC?

To determine whether it’s worth fighting a ticket, consult with an experienced ticket lawyer to understand your options and how likely the ticket is to be dismissed or reduced so you can make an informed decision. You may not want to contest the ticket if it’s minor, you’re able to pay it, or you want to avoid court. If the charges are severe, excessive, or false, then you may wish to fight the ticket to be reduced or dismissed.

What Happens After Getting Charged with Failure to Appear?

Once the court charges you for failure to appear, the DMV is notified to suspend your license immediately, and an additional fee is furnished. You’re unable to get your license reinstated until your traffic offense is settled or dismissed. If you don’t make efforts to correct this charge, such as having an attorney attempt to have it removed or posting bail, a warrant for your arrest may also be issued. If convicted, a fine and/or jail time may follow.

Criminal Defense Lawyer for Help with Failure to Appear Charges

The Law Firm of Brent D. Ratchford has helped numerous people get their criminal charges dismissed or reduced. From traffic tickets to criminal charges, our team understands how important it is to put our clients first. We also know that circumstances could arise that keep you from court. Our lawyers can help. If you have missed court, received a traffic ticket, or are facing criminal charges,  schedule a consultation with our professional criminal law team today.