If you cannot make your court date in a criminal case in Colorado, you could face serious consequences, including legal penalties for skipping court if you don’t take proactive steps to remedy the situation. Additionally, missing a court date can harm your chances of receiving a more lenient sentence or favorable plea agreement.
For these reasons, it’s essential that you contact an experienced criminal defense lawyer as soon as possible if you believe you will be unable to make your court date or if you missed your court date.
What Happens When You Miss a Court Date in a Criminal Case?
Depending on the circumstances of your case and the reason for your absence, the consequences of missing a scheduled court date may include:
- Under CRS 16-4-105, your bond may be subject to forfeiture if you were on bail, and the Colorado Department of Motor Vehicles may suspend your driver’s license.
- You may face failure to appear charges under CRS 16-2-110, which could result in additional fines or jail time.
- Under CRS 16-4-109, the judge may issue a bench warrant for your arrest.
Judges and prosecutors also do not appreciate having their time wasted. That could result in the judge handing down harsher penalties or the prosecutor refusing to work out a plea agreement with you.
How to Request a Continuance for Your Court Hearing
If you know you have a scheduling conflict ahead of time, you can request a continuance (postponement) for your court hearing. For example, if you have a medical procedure scheduled for the same date as your hearing, the court may be willing to reschedule your appearance.
You must file a form JDF 76 with the court clerk’s office to request a continuance. The earlier you file the form and the better your valid reason for requesting a continuance, the higher the chances are that the court will agree to delay your court appearance.
When Will a Warrant Be Issued for Missing Court?
If you are facing felony criminal charges for a serious offense, the judge will likely issue a bench warrant immediately upon your failure to appear at the required court date. A bench warrant allows law enforcement officers to arrest you at any time and place, including during a traffic stop, at your home, or at your workplace.
For misdemeanor charges, the judge may not immediately issue a bench warrant, giving you an opportunity to contact the court clerk and explain your absence.
Can You Reschedule a Missed Court Date?
To reschedule a missed court date, you must contact the court clerk’s office and provide a legitimate reason for missing your appearance. Your court date rescheduling options will depend on the judge’s availability.
The Role of a Lawyer If You Miss Your Court Appearance
If you miss or cannot attend a criminal court appearance, it’s crucial that you work with an experienced criminal defense lawyer to mitigate the negative impact on your case. Qualified legal representation can assist by:
- Helping file your form JDF 76 to reschedule your hearing
- Filing a motion to quash arrest warrants for missing scheduled court dates
- Negotiating favorable plea agreements with the prosecution
- Arguing for a more lenient sentence
Contact Peakstone Law Group, formerly known as Patterson Weaver, now for a free consultation about your case with one of our criminal defense lawyers.