How can I reschedule a criminal court date? 47 Answers as of September 28, 2011

I received an MIP in my hometown and am now in school across the country. I missed the court date and don't get to go back home until December. A friend told me that the best way to approach this is to go to the local authorities turn myself in, post bail and then a new court date will be assigned to me. In my situation, approximately how much do you think that bail would be? Is there any way that I could make sure that my court date is a date when I will be able to be in state for whenever it is reassigned?

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Anderson Law Office
Anderson Law Office | Scott L. Anderson
When you come back you could turn yourself in and be held until court the next day. Check with the county the offense occurred in about their turn in policy. Depending on the offense and the judge will determine the amount of bail. You can certainly set the new date for a date that is available to return to court. If you are unable to get the date you desire if you retained an attorney, the attorney most likely could.
Answer Applies to: Minnesota
Replied: 9/28/2011
Lewis & Dickstein, P.L.L.C.
Lewis & Dickstein, P.L.L.C. | Loren Dickstein
That depends on the court and the judge. Every court and, frequently, every judge has a certain way things need to be done. The best thing you can do to help yourself would be to hire an attorney and just let the lawyer handle the case for you. It is precisely because you do not know the rules, even to get an adjournment, that you need a lawyer.
Answer Applies to: Michigan
Replied: 8/30/2011
Law Offices of John J. Connors, Esq.
Law Offices of John J. Connors, Esq. | John J. Connors, Esq.
If you miss a court date, you need to go to the court to clear it up. An explanation to the judge usually will suffice. They could take you into custody and set a bail. It is always best to have an attorney with you when you appear at court. the attorney knows how to do a bail argument and how to present your matter in a way that is favorable to you.
Answer Applies to: Massachusetts
Replied: 8/23/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
You can call the court clerk and explain what happened and ask if the judge will approve just setting a court date for when you will be home, or you can hire an attorney to take care of this for you.
Answer Applies to: Kansas
Replied: 8/22/2011
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
If you have never missed a court date before, it may be relatively simple. I would suggest contacting the court clerk, informing them of your situation, and the clerk may simply reschedule the court date. Try that first. If that does not work, your best bet would be to retain an attorney, who can work on getting the date changed so you won't have to leave school prematurely, and can hopefully get a hearing date while you are on break.
Answer Applies to: Washington
Replied: 8/22/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    If this is a misdemeanor you must appear at your court date or you can easily retain our office and we can appear for you without you having to appear. We do this for hundreds of people who do not live in California but are arrested or cited.
    Answer Applies to: California
    Replied: 8/22/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If you hire an attorney he can take care of this without you having to make an appearance.
    Answer Applies to: California
    Replied: 8/22/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    In Oregon, MIP is a violation and not a criminal offense. This means that the worst that can happen to you is a fine. When you miss court on a violation, the judge does not issue a warrant for your arrest, instead he enters a default judgment against you for frequently the maximum fine. Sometimes it is possible to request that the default be reversed and to have the case re-docketed but it depends on the jurisdiction. I would suggest calling a lawyer and finding out if you can ask the court to resurrect the case.
    Answer Applies to: Oregon
    Replied: 8/21/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    A failure to appear on a MIP in Nebraska will cause a warrant to issue and a new charge of failure to appear to be added. The warrant should not cause you to be arrested outside the State of Nebraska. The best way to handle the matter is to hire a lawyer in the town with the MIP and arrange to have them talk with the prosecutor to have you turn yourself in during your break and have the matter resolved the same day. I do this all the time for people here in Nebraska.
    Answer Applies to: Nebraska
    Replied: 8/21/2011
    Rose & Rose | Terry Rose
    Make a motion in court before the judge requesting an adjournment in writing stating your reasons.
    Answer Applies to: Wisconsin
    Replied: 8/21/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If you missed your court date there is probably a warrant existing for your arrest. The warrant can be withdrawn only by turning yourself in to the appropriate docket room of the jail where you were booked, going to add-on court (if it is allowed) or filing a motion to have the warrant set aside and the case set for trial at the next available court date. If you are in school out of state, and the return to Alabama would be impractical, you may want to consider hiring an attorney who could assist you with having the warrant withdrawn and a resolution of the case that would not interfere with your schooling.
    Answer Applies to: Alabama
    Replied: 8/20/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    It is a good idea to get an attorney in this matter. First turning yourself in is a good idea. If they see you are trying to take care of the matter then the bail is less and maybe they will not violate you. You don't want to go to the police you want to go to the court with an attorney. Having an attorney shows also that you are serious about the matter. Bring something from the school that shows you were there and the times that you have to be back. Most courts do not want to mess around with school. They want people to be educated. It is a fact the more education, the less likely someone is going to be a lawbreaker or receiving public assistance.
    Answer Applies to: Michigan
    Replied: 8/20/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Hire an Attorney ASAP. The advice you received is horrible and wouldn't work. An attorney may get things taken care of without your appearance at all.
    Answer Applies to: Michigan
    Replied: 8/20/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    If you can afford it I would hire an attorney who could calendar the matter with the court, have the bench warrant set aside and then dispose of the case without your ever having to appear.
    Answer Applies to: California
    Replied: 8/20/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Unless there is a bench warrant for your arrest with a nationwide pickup, the local court will not be able to be involved in the matter. Turning yourself in may result in your release without resolution. You should contact the Court where the offense occured and advise them of your situation and seek their guidance as to how to proceed. They may or may not be willing to wait until you get home in December.
    Answer Applies to: Michigan
    Replied: 8/20/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    Your friend suggested one way to handle this situation, but not the only way. I would strongly suggest that you hire an attorney in your home town. The attorney may very well be able to get the warrant cancelled and obtain a court date without you having to be arrested and required to post bond. The attorney can continue the case to a date that will work for you, or possibly dispose of the case without you having to personally appear in Court. I have done these things many times for many people. Good luck.
    Answer Applies to: Missouri
    Replied: 8/20/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You dont get to just reschedule. It appears you understand that you have an arrest warrant out against you. To handle a warrant, you must turn yourself into the court issuing the warrant, with or without an attorney, and try to negotiate a recall of the warrant and a plea bargain on the Failure to Appear charge, typically a fine, and negotiate bail or OR. You then get to handle the case as it should have been from the beginning. A hearing date would be set where you or your attorney can negotiate the outstanding charge[s] or set it for trial. Since this is a misdemeanor, the attorney can appear in court without the defendant being present, and any plea bargain deal could be handled by him.
    Answer Applies to: California
    Replied: 8/20/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    I am only familiar with California law. If you miss a court date in CA for a misdemeanor, the CA courts are not going to re-schedule court to whatever state you are attending school, and your school state will not accept the case. If you miss a court date, you will be bench-warranted. Sometimes the court allows you to re-schedule these. but the easiest and cheapest in the long run is to get an atty to appear in court for you wherever the case occurred unless you can advance it before you leave for school
    Answer Applies to: California
    Replied: 8/20/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    First of all, if you missed your court date, there is a outstanding warrant for your arrest. You need to hire an attorney to go and recall the warrant first, then address the underlying charge. MIP cases can often be reduced or dismissed if approached the right way by the attorney. Remember also that MIP may result in you losing your license for up to a year.
    Answer Applies to: California
    Replied: 8/20/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    This really depends on what the charges are - whether they are misdemeanors or felonies. Really the best way to deal with this is with an attorney.
    Answer Applies to: California
    Replied: 8/19/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    There may be a warrant out for you arrest. You need to contact the court and arrange to surrender youself as soon as possible. I don't know enough about your circumstances to guess what bail may be set. You might want to consult with a local criminal law attorney.
    Answer Applies to: New York
    Replied: 8/19/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Rather than pay for bail, why not pay an attorney to make the appearance on the ticket.
    Answer Applies to: California
    Replied: 8/20/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    I don't know what your situation is or what jurisdiction you are in. What I do know is the person who suggested you turn yourself in locally deserves to sit in jail for a few days because that would likely be your fate. Then you would potentially be brought back to Washington. What you should do is call the court where you were charged and find out their procedure to "quash" or cancel a warrant. Here in Clark County, one simply goes to the district court at 8:00 a.m. and asks to have his or her case set onto the warrant quash calendar. One must also notify the prosecutor's office of the hearing and the court will consider your request. I would you recommend that you call the court today and plan on going to court on your first day back from Fall Semester. If possible, try to make a deal with the assigned prosecutor and take care of it before returning to school. An attorney would be a good idea too.
    Answer Applies to: Washington
    Replied: 8/19/2011
    The Geller Firm
    The Geller Firm | Marc B Geller
    You should contact a lawyer. I regularly represent individuals that are in the exact situation you are in. In California MIP has serious consequences with respect to DMV licensing. An attorney can handle your matter at a reasonable rate and prevent a license suspension.
    Answer Applies to: California
    Replied: 8/19/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If you missed the Court date, a warrant may issue for your arrest. With legal counsel, the prosecutor may agree to Sty the warrant pending a new court date.
    Answer Applies to: Minnesota
    Replied: 8/19/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Call the court and talk to the court and work something out.
    Answer Applies to: New Jersey
    Replied: 8/19/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Hire a lawyer in the place the MIP was issued to straighten it out for you.
    Answer Applies to: Colorado
    Replied: 8/19/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Contact the court and ask for a quash hearing to be set on a date in December when you will be back.
    Answer Applies to: Washington
    Replied: 8/19/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    I would advise calling the court clerk to see if you can get on the docket when you come back from school to address the warrant that I assume was issued and to address the charges as well.
    Answer Applies to: Washington
    Replied: 8/19/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    You need to talk to a local lawyer. He or she might be able to get the court date re-set and save you a lot of trouble.
    Answer Applies to: Georgia
    Replied: 8/19/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Rather than paying money for bail that may/may not accomplish what you're trying to do, why not look for a local criminal defense attorney that can appear on your behalf, get the warrant recalled and try to work out something on your case? There is absolutely no guarantee that turning yourself in to the local police wherever you are will set the case out far enough to fit your schedule, or - worst case scenario - that they hold you for days while they wait to see if California wants to extradite (they won't, but why sit in jail waiting for that answer?)
    Answer Applies to: California
    Replied: 8/19/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    It was good advice to turn yourself into the court. If the charge was Minor in Possession and you have no previous record I don't think they will require bail. You should try to have the charge converted to a civil violation so you do not have a criminal record. You may want to speak to an attorney. It will be well worth it to maintain a clean criminal record. Even though MIP is a very minor charge, you are far better off to be able to tell any future potential employer that you have NO CRIMINAL RECORD.
    Answer Applies to: Massachusetts
    Replied: 8/19/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    It shouldn't be necessary for you to turn yourself in for something like this. You should certainly have contacted the court to let them know that you would not be able to make it (and request a continuance) ahead of time. Because you missed the court date, there may be a bench warrant issued for your arrest. This is something that you can likely determine by calling the clerk at the court where you were summoned to appear and providing them with your citation number. If there has not been a warrant issued, you may be able to explain your situation and request that the date be rescheduled. If a warrant has been issued, then you should contact a criminal defense attorney who practices in that local area. The attorney may be able to negotiate with the court to have the warrant lifted in return for your promise to appear with counsel at a specified date. If you are seeking legal representation in this matter in Louisiana, I invite you to contact my firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 8/19/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    Turning yourself in (as a fugitive from justice) where you are now may not be the best choice. Best idea? - contact a local attorney where the warrant was issued and have him contact the court and prosecutor and by agreement get the warrant withdrawn and the case re-scheduled.
    Answer Applies to: New Hampshire
    Replied: 8/19/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    The court will tell you how much the bail amount is and how to reschedule a missed court date. Typically, the court clerks will advise you of the process.
    Answer Applies to: Washington
    Replied: 8/19/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    Hire a lawyer in the town where you got the MIP. He or she should be able to deal with this for you.
    Answer Applies to: Washington
    Replied: 8/19/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    The judge may have issued a "body only" warrant due to the missed court appearance. With this type of warrant, you can not post bail or reset the court date. You would need to turn yourself in at the local jail and see the judge the next morning to set bail. My advice would be to hire an experienced criminal defense attorney with the goal in mind to negotiate a resolution of the case without requiring your personal appearance here in Minnesota. This negotiation would hopefully include an agreement that the bench warrant would be recalled.
    Answer Applies to: Minnesota
    Replied: 8/19/2011
    The Law Offices of Mark Kotlarsky
    The Law Offices of Mark Kotlarsky | Mark Kotlarsky
    It depends on the county, but spending a night in a jail is no fun. The best is to hire an attorney to deal with this problem.
    Answer Applies to: Maryland
    Replied: 8/19/2011
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    Hire an attorney in the town where you were arrested, and he may be able to take care of it for you without going through all of that.
    Answer Applies to: Alabama
    Replied: 8/19/2011
    The English Law Firm
    The English Law Firm | Robert English
    Easiest thing to do is hire an attorney in the state where the offense is. He/she can appear on your behalf.
    Answer Applies to: California
    Replied: 8/19/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Obviously, your friend is not an attorney. NEVER turn yourself in without a lawyer. You need to retain counsel ASAP. A lawyer can appear on your behalf and maybe even get the warrant recalled without the need for you to come to NY or appear in person. We can represent you.
    Answer Applies to: New York
    Replied: 8/19/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    You need to contact the court to find out how much the bail is on the warrant and the procedure for quashing the warrant. Many courts have calendars when you can appear before the judge, ask to quash the warrant and set the next court date.
    Answer Applies to: Washington
    Replied: 8/19/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    Your friend's suggestion is one way to approach this situationand you can probably call the court and find out the current bail. The other approach is to schedule a hearing or get on a calendar (if the court has such a calendar) to quash the warrant. By the way, I would be concerned about travelling on an airplane with a warrant.
    Answer Applies to: Washington
    Replied: 8/19/2011
    Leyba Defense, PLLC
    Leyba Defense, PLLC | Matthew Leyba
    The simplest thing might be to hire an attorney. Have them set a hearing to reschedule your arraignment. Appear on your behalf explain to the court that you live out of state, and then reset your arraignment.
    Answer Applies to: Washington
    Replied: 8/19/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    I would recommend caution in taking legal advice from a friend who is not an attorney I would recommend that you hire an attorney to handle this. Perhaps there could be a plea by mail of some other arrangement. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 8/19/2011
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