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Lisa Mulligan Law Offices, LLC | Lisa Mulligan
If you miss a court date because of an emergency, you should contact your attorney or the court immediately to let them know the circumstances. If you reach your attorney before the calendar is over, he or she may be able to reset your hearing for another date and time without a bench warrant issuing. I hope your child is feeling better, and good luck with your case!
Answer Applies to: Washington
Replied: 2/8/2012
Law Office of William L Spern | William Spern
Go to court before the court issues a bench warrant and explain the circumstances. Bring evidence of your child's er admission.
Answer Applies to: Michigan
Replied: 12/12/2011
Shane Law Office | Robert J. Shane
First, I would obtain a copy your son's medical record from the ER to verify that you were unable to attend court because of a family emergency. Second, I would meet with your lawyer and give him a copy of the medical record to present to the judge and prosecutor at your next court appearance, Third, I would select a date with your lawyer when you plan to turn yourself in at the jail on the warrant. This date should be as selected as soon as possible. You will want to make sure your lawyer is available to appear with you in court the following morning when you appear in front of the judge. If you follow these steps, your lawyer should be able to gain your immediate release from jail without having to post a bond based on the medical emergency argument. Good luck.
Answer Applies to: Minnesota
Replied: 12/12/2011
Law Office of Martina Vigil | Martina A. Vigil
Get proof that your child was in the emergency room on the date of your court hearing.
Answer Applies to: California
Replied: 12/12/2011
Jacob P. Sartz IV., Attorney at Law | Jacob Sartz
If you have a lawyer, I'd recommend you advise your lawyer of the situation. Otherwise, I'd recommend that you turn yourself in. When you are arraigned, the judge will provide you an opportunity to explain why you missed court. If you have documentation, that would be very helpful as well.
Answer Applies to: Michigan
Replied: 12/9/2011
Law Office of Phillip Weiser | Phillip L. Weiser
An explanation to the judge may get you a new court date and not a warrant.
Answer Applies to: Kansas
Replied: 12/7/2011
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You should contact the court and tell them and if there was a warrant it should be vacated and you should be given another court date.
Answer Applies to: New York
Replied: 12/7/2011
Law Office of Richard Williams | Richard Williams
See if you can go to add-on court.
Answer Applies to: Alabama
Replied: 12/7/2011
LynchLaw | Michael Thomas Lynch
The easiest way to handle the matter would be to hire an attorney. If the charges were misdemeanors the attorney you hire can make the appearance for you. If you have felony charges you will have to appear with the attorney. If you cannot afford an attorney and you wish to have the court appoint a public defender, you will have to asked the criminal clerks office to place the matter on the criminal courts calendar to have the warrant recalled. When you make that appearance you can ask the court to appoint the pubic defender.
Answer Applies to: California
Replied: 12/6/2011
Law Office of Edward J. Blum | Edward J. Blum
Go into court and take care of it. Be ready with receipts to explain. You should have a lawyer.
Answer Applies to: California
Replied: 12/6/2011
The Law Office of Cindy Barton | Cindy Barton
Call the court and tell them why you missed your hearing, and ask them the clerk if she will set up a new date for you. Take in proof of the ER visit on that day and ask the court to remove the warrant. You will likely have the warrant active until you get into court, but if the court will agree to remove it before the new date, that would be good. The court is not required to do so however.
Answer Applies to: Utah
Replied: 12/6/2011
Selleck Legal, PLLC | Stacey Selleck
I would suggest contacting the court (or turning yourself into the police station) with proof that you were in the ER for your child and ask for leniency for missing the court date. Do it as soon as possible to show that you were not avoiding court.
Answer Applies to: Michigan
Replied: 12/5/2011
Meyer & Kiss, LLC | Daniel Kiss
You could get arrested on the warrant until you address the issue with the court that issued the warrant. You should not wait to see what happens. You should go to the courthouse and have your case added to the call. Bring proof that your child was in the ER and be ready to explain why you did not call the court. That might keep you from getting arrested, but it's up to the judge. It will depend on how much of a criminal record you have, if you've missed court before, and how serious of a charge you have against you. You should get a lawyer to improve your chances.
Answer Applies to: Illinois
Replied: 12/5/2011
Robert Mortland | Law Office of Robert Mortland
You will have a bench warrant due to your failure to appear. You need to get yourself back on calendar to clear the bench warrant by explaining your situation to the judge. Otherwise, the police may come to your house or work and arrest you because of the warrant.
Answer Applies to: California
Replied: 12/5/2011
Law Office of Michael R. Garber | Michael R. Garber
You need to call the prosecutor and explain why you missed court and get a new date and bring proof that your child was in the ER when you appear in court.
Answer Applies to: Louisiana
Replied: 12/5/2011
Charles M. Schiff, Attorney at Law | Charles M. Schiff
Is the warrant "body only"? If it is, you will be taken into custody and required to appear before the court to explain your missed court date. The court would likely set new conditions of release. If the warrant allows for a specific monetary bail, you can post the bail and receive a new court date without being taken into custody.
Answer Applies to: Minnesota
Replied: 12/5/2011
Law Office of Ronald Aronds, LLC | Ronald Aronds
You can post the bail and get the warrant lifted, and then you will be given a new court date. Once you go to court on your case, if you can show proof to the judge that you had a legitimate reason to miss court he may not give you an additional fine for contempt of court.
Answer Applies to: New Jersey
Replied: 12/5/2011
Law Offices of Sean Logue | Sean Logue
You can be in trouble. You should have records of the visit, and call the judge ASAP to reschedule.
Answer Applies to: Pennsylvania
Replied: 12/5/2011
Timothy J. Thill P.C. | Timothy J. Thill
Turn yourself into the court sheriffs and make a motion to vacate the bond forfeiture and quash and recall the warrant, but you better have documentation proving that your child was, in fact, in the ER at the time you were to be in court.
Answer Applies to: Illinois
Replied: 12/5/2011
Fagan, Fagan & Davis | Steven H. Fagan
You'll need to file a motion to quash and recall the warrant in the court clerk's office and then set the motion for hearing. This will likely be on the same day. Once the case is brought before the Court, you'll need to present any proof you have to the Judge. However, the Court would be within rights to execute the warrant and delay hearing your reasons until later. Because of the procedures involved, and because the object is to get the Court to consider your reason for failing to appear, you are strongly advised to retain the assistance of an attorney familiar with the Court and its procedures before attempting to resolve this on your own.
Answer Applies to: Illinois
Replied: 12/5/2011
Betts Legal Services | Shawn M. Betts
You can contact the court and ask to speak with the judge's office that issued the warrant, and explain the situation. If the judge won't quash the warrant, you need to turn yourself in on the warrant, and then explain the situation to the judge at that time. Having documentation of the ER visit will be helpful.
Answer Applies to: Minnesota
Replied: 12/5/2011
Law Offices of Gilbert and Smallman PLLC | Harris W. Gilbert
If you miss a court date the judge will issue a warrant. However, if you missed for a valid reason you need to present this information to the court asap so they can lift the warrant and place your case back on the calendar.
Answer Applies to: Florida
Replied: 12/5/2011
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Contact the local sheriff's department or police department holding the warrant and arrange to self surrender. (If you're reluctant to do this on your own, then hire an attorney to assist with it.)
Answer Applies to: Virginia
Replied: 12/5/2011
Hammerschmidt Broughton Law | Mark A. Broughton
You need to go to the clerk of the court, get your case placed on the judge's calendar for a hearing to recall the warrant, and at the hearing tell the judge what happened. Bring some documentation if you have it. The judge should recall the warrant and the case should proceed from the point of the failure to appear. Your attorney should be able to do this for you as well. The hearing may be set several weeks away, however, and the warrant will be "active" until then. Assuming that this is not case involving a serious felony, a copy of the paperwork setting the hearing should prevent you from being arrested in the interim.
Answer Applies to: California
Replied: 12/5/2011
Wiegandt& Doubles | Malcolm Doubles
Be sure to bring your information from the hospital to court.
Answer Applies to: Virginia
Replied: 12/5/2011
Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
If you miss a court date the court will order a failure to appear warrant for your arrest. You must then appear ion court and explain the circumstances to the judge.
Answer Applies to: Connecticut
Replied: 12/5/2011
Law Office of James A Schoenberger | James A Schoenberger
Set a quash hearing on the warrant right away. Bring evidence of your child being in the ER at the time of the hearing you missed.
Answer Applies to: Washington
Replied: 12/5/2011
Rudolph A. Serra, Attorney | Rudolph A. Serra
Most judges will recall the warrant if you have a good reason for missing court. You need to have written proof that your child was hospitalized due to an emergency, and you need to turn yourself in voluntarily as soon as it is reasonable to do so. Get a lawyer and have them with you. The judge may want to know why you didn't call and the judge will definitely be more lenient if you turn yourself-in sooner rather than later.
Answer Applies to: Michigan
Replied: 12/5/2011
Law Office of Peter F. Goldscheider | Peter Goldscheider
Preferably through an attorney you should contact the court clerk and place the matter on the court calendar to explain to the judge your missing court before you are arrested.
Answer Applies to: California
Replied: 12/5/2011
Michael Breczinski | Michael Breczinski
Go to the court with something from the hospital and the court will probably cancel the bench warrant and set another date.
Answer Applies to: Michigan
Replied: 12/5/2011
Harrison & Harrison | Samuel Harrison
As soon as you possibly can, contact the court. Get a new court date. Bring all the paperwork you can to show your child was in the ER when you were supposed to be in court.
Answer Applies to: Georgia
Replied: 12/5/2011
Gutin and Wolverton | Harley Gutin
Call the Judge's office or your lawyer (first) and get a hearing set to recall the warrant. File a written motion and attach the proof you were with your child in the ER. Find out if the warrant has a bond allowed on it. If you get to the hearing before your arrested you may avoid being arrested and if you get arrested you will either bond out or at least know you have a hearing date set.
Answer Applies to: Florida
Replied: 12/5/2011
Law Office of Kathryn L. Hudson | Kathryn L. Hudson
You should contact the court and ask for the name of the deputy prosecutor assigned to your case and call him/her. If you have documentation of the emergency the court should grant a dismissal of the warrant.
Answer Applies to: Arkansas
Replied: 12/5/2011
The Law Offices of Robert L. Driessen | Robert L. Driessen
Go to court explain why you missed court to the judge and bring proof.
Answer Applies to: California
Replied: 12/5/2011
Law Office of Jeff Yeh | Jeff Yeh
Hire a lawyer to go to court to recall the warrant for your arrest (which was issued when you missed your court date). If it is a misdemeanor, an attorney can appear with you present, thereby lessening the chances that you will be taken into custody right then and there.
Answer Applies to: California
Replied: 12/5/2011
Reeves Law Firm, P.C. | Roy L. Reeves
Get documents from the doctor (ER) and contact the court ASAP. Judges are not jerks, they understand things happen. But they also hear all kinds of quacky excuses. Be prepared to back it up, bring proof and the Judge will be sympathetic.
Answer Applies to: Texas
Replied: 12/5/2011
Craig W. Elhart, P.C. | Craig Elhart
You will have to appear in court and answer as to why you did not appear. It will be up to the court to determine what if anything they will do.
Answer Applies to: Michigan
Replied: 12/5/2011
The Law Office of B. Elaine Jones | B. Elaine Jones
You need to hire an attorney and have them file a motion to recall the warrant, then report to the Judge and explain your absence. Hopefully they will be understanding. Bring proof that you were in ER with child to give to the Judge. You probably will be okay if you haven't ever missed before.
Answer Applies to: Florida
Replied: 12/5/2011
Austin Legal Services, PLC | Jared Austin
You will need to turn yourself in and be arraigned in order to get the matter resolved. Otherwise it will just keep hanging on your head. Did you call on the day of your court date to inform them of the emergency situation? The judge may very excuse you but verbally scold you for not showing up, but there remains the chance that the judge could throw you in jail. Explain to the judge why you did not show up, plead for mercy, and hope for the best. I would suggest at least discussing the matter with a lawyer first before you proceed on your own.
Answer Applies to: Michigan
Replied: 12/5/2011
Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
If you miss a court date there may be a warrant for your arrest. If so, you (or a lawyer on your behalf) can file a motion to quash the warrant. The motion must state the reason why you missed court. Having a child in the emergency room is a good reason. However, most judges will not just take your word for it. You should attach something from the hospital to prove when you were there.
Answer Applies to: Maryland
Replied: 12/5/2011
Law Offices of Paula Drake | Paula Drake
If you have a lawyer, let them know and follow their instructions. If not and you are worried, get a lawyer to help. If you cannot afford an attorney then contact the public defender. Get proof of the emergency. Most likely the court will recall the warrant and find good cause for the failure to appear.
Answer Applies to: California
Replied: 12/5/2011
Lewin & Lewin | Robert D. Lewin
It sounds as if you had a valid reason for not being at Court. You should get a lawyer right away and get yourself over to the Courthouse to get the default removed and the warrant cancelled. Unless you have a history of defaulting in court, most judges will not order you held. If your child was truly in the ER you should get a copy of the Hospital Record. That will confirm your representations that you were in the ER with your child on the date and time you were supposed to be in Court.
Answer Applies to: Massachusetts
Replied: 12/5/2011
Gigstad Law Office LLC | Robert Gigstad
It is never good to miss a court date. You need to contact an attorney as soon as you can. You will also need to have proof to back up your story. It is important that you get in front of a judge as soon as you can, to try to remedy your situation. Best of luck.
Answer Applies to: Kansas
Replied: 12/5/2011
Law Office of Jared Altman | Jared Altman
Contact your lawyer or if you don't have one, call the court clerk to see if it's been re-scheduled. If not, then ask that it be added to the next available calendar. If a warrant has been issued, then arrange to surrender yourself, preferably with a lawyer.
Answer Applies to: New York
Replied: 12/5/2011
Law Offices of Ramona Hallam | Ramona Hallam
Your answer will depend upon whether your case is a felony or a misdemeanor. In most cases you may hire an attorney to appear for you and show your proof of the emergency room visit. The attorney is able to appear pursuant to penal code section 977 without you in a misdemeanor or infraction court. If it is a felony, you will likely have to appear in court with the attorney. Otherwise, you will be able to brave it alone and explain the situation to the court. Courts are usually forgiving in cases like this.
Answer Applies to: California
Replied: 12/5/2011
Law Offices of Kiran Nair | Kiran K. Nair
Take a copy of the ER record to verify that is why you missed court date, should be excused.
Answer Applies to: California
Replied: 12/5/2011
Fabian & Associates, Inc. | Stephen G. Fabian, Jr.
Get the documentation from the hospital. And present to the judge. Hire a lawyer to do this for you.
Answer Applies to: Oklahoma
Replied: 12/5/2011
Law Offices of John Carney | John Carney
You should call your lawyer or the court and surrender on the warrant. Bring the hospital records to prove that you had an emergency. You should have called and faxed the court to let them know what happened to avoid the bench warrant. You will have that on your record forever and it will effect the bail on future cases. The court will understand if you do not let too much time go by and you will be released and given a new court date.
Answer Applies to: New York
Replied: 12/5/2011
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
Immediately take proof of your "alibi" to the relevant Judge's courtroom and apologize.
Answer Applies to: Pennsylvania
Replied: 12/5/2011
Law Office of Eric Sterkenburg | Eric Sterkenburg
If you miss a court date and there is a warrant out for you then you need to go to the court that issued the warrant. When you go to the court bring with you proof that your child was in the ER on your court date. Do this on the next day the court is open. Check in with the bailiff and tell him you are a walk in. They will take it from there.
Answer Applies to: California
Replied: 12/5/2011
Law Office of Christopher G Humphrey PC | Christopher G Humphrey
Usually a warrant, and you better bring proof of the hospital visit and write the court to quash the warrant and reset your court date. If you have an attorney, tell the attorney and give the attorney the proof.
Answer Applies to: Wyoming
Replied: 12/5/2011
Law Offices of David L. Martin Esq. | David Martin
Voluntarily surrender yourself before the warrant squad finds you. Have an attorney with you. Depending on the charges, your record and the time you have been in warrant status you might want to have bail money available.
Answer Applies to: New York
Replied: 12/5/2011
Freeborn Law Offices, P.S. | Steve Freeborn
Contact the court and ask that the hearing be rescheduled or, in some cases the court may schedule you on a specific calendar that is strictly for those people who have outstanding warrants that need to be addressed. You probably have little to worry about unless you have a history of missing court dates.
Answer Applies to: Washington
Replied: 12/5/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Reschedule a court appearance and bring the medical record.
Answer Applies to: California
Replied: 12/5/2011
Andersen Law PLLC | Craig Andersen
Contact your lawyer about getting your case calendared for the warrant quash calendar. If you don't have a lawyer, you must contact the court and get instructions on how to get the warrant quashed. It would be in your best interest to have medical reports to prove you were in the ER. There's no sense of making up an excuse like that because it's easy to verify the truth. Also, when you go to court, be absolutely sure you don't have any drugs, weapons or evidence on you. There is a chance that the judge may deny your motion to quash the warrant and take you into custody. That's not the time to have anything illegal on your person because you would be searched thoroughly at the jail, if you get my drift.
Answer Applies to: Washington
Replied: 12/5/2011
Anderson Law Office | Scott L. Anderson
If the warrant is a body only warrant then you must appear to have the warrant quashed. If it is a non-body warrant then you can usually post bail or bond and make your next court date. You should contact an attorney to investigate what type of warrant you have and how to proceed.
Answer Applies to: Minnesota
Replied: 12/5/2011
Rizio & Nelson | John W. Bussman
Go to court as soon as possible. Have yourself added onto the day's calendar and have your attorney explain the situation to the judge.
Answer Applies to: California
Replied: 12/5/2011
Mark Thiessen, Attorney at Law | Mark Thiessen
Get proof of your child being in the Court and give it to an attorney to give to the judge. Or go to the judge and tell him/her to remove the warrant.
Answer Applies to: Texas
Replied: 12/5/2011
Beaulier Law Office | Maury Beaulier
If you hire counsel, in some cases the warrant can be stayed pending a new court date. In lieu of such rescheduling, you may be able to report in the morning on the warrant and have your case called to court for a bail hearing and conditions of release within a few hours. Regardless of the reason, you cannot miss a court date without a continuance granted by a Judge.
Answer Applies to: Minnesota
Replied: 12/5/2011
Edward A. Kroll, Attorney at Law | Edward A. Kroll
Contact a lawyer as soon as you can. It may be possible to get the warrant lifted, due to these extenuating circumstances. If you do nothing, it is possible that the police could come arrest you, depending on the nature of the charges against you.
Answer Applies to: Oregon
Replied: 12/5/2011
Matthew Cameron Attorney at Law | Matt Cameron
Return to court as soon as possible with a report from the ER which shows that your child was there on your court date. If what you have said here is true, this should not be a serious problem.
Answer Applies to: Massachusetts
Replied: 12/5/2011
Law Office of James E. Smith | James Smith
You have to file a motion or get your case placed back on calendar and explain in open Court your excuse. Not showing up is really only a problem if you wait and don't go back to Court to explain why you missed Court.
Answer Applies to: Nevada
Replied: 12/5/2011
Bruce Yerman, Attorney At Law | Bruce Yerman
You should go to court with a lawyer as soon as possible to vacate the bench warrant. Bring proof that your child was in the emergency room (medical records, billing records) on the date of the missed court appearance, and proof that you are the child's parent (birth certificate). The less time you've been in warrant status, the more likely that the judge will 1) restore you to your previous release status and 2) vacate the forfeiture of bail (if any had been posted). Good luck!
Answer Applies to: New York
Replied: 12/5/2011
Harden Law Offices | Leonard D. Harden
You need to turn yourself in, if you have a lawyer contact him to help clear the default. Do not wait deal with problem ASAP.
Answer Applies to: New Hampshire
Replied: 12/5/2011
Law Offices of Matthew Murillo | Matthew Murillo
Add the case on calendar, explain to the judge what happened, and ask for the warrant to be recalled.
Answer Applies to: California
Replied: 12/5/2011
Connell-Savela | Jason Savela
The sooner you take care of the better if you were on bond, you need to contact the bondsman and get consent of surety to remain on bond contact the court and explain the situation - often, with proof, they will vacate the warrant.
Answer Applies to: Colorado
Replied: 12/5/2011
Law Office of Thomas J. Ogas | Thomas Ogas
Have your attorney add your case to the courts calendar for a bench warrant surrender and bring to court with you proof of your ER visit on the date that you missed court.
Answer Applies to: California
Replied: 12/5/2011
