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What If an Individual Cannot Be Physically Present to a Court Appearance?

Attorney Appearing in Court

You just received the official notice of a court hearing in the mail, but you know you won’t be able to make it. Maybe you have a major surgery planned or you’ll still be out of the country when the judge expects to see you standing before him. There are a number of common reasons why you might not be able to make it to a hearing, but what happens next?

When you can’t be present for your court appearance, it’s important to know what you could be risking. Here are a few things you should know about what happens when you can’t make it to your court hearing.

Showing up is always a good idea

Whenever you have the option, showing up for court is always the best idea. The consequences of skipping out on your court hearing will vary depending on the charges. Without your presence on the scheduled day and time, a judge could issue a warrant for your arrest. Some warrants will require active searching from law enforcement officers. Other warrants may be more passive, arresting you only if you show up on the police radar in the near future.

In general, it’s in your best interest to show up for court whenever possible. This helps you to avoid an unfavorable circumstance like this one and gives you a chance to speak up for yourself in front of an impartial judge and jury. You should even try to show up early whenever the situation will allow.

Rescheduling would be the first choice

If you know that your court date interferes with something extremely important in your personal life, the best idea is to reschedule. This should be an option if you have a legitimate reason why you can’t attend a specific hearing. For example, you might be having a much-needed medical procedure that is essential to your health. The county clerk or your lawyer might be able to select a new date that will work for both you and the judge. Once it is rescheduled, you need to ensure that you can make it to your new court date with no excuses.

Decide if rescheduling is necessary

It may not be necessary if there is a chance that your attorney could represent you on his own. Your physical presence may not necessarily be required as long as you have legal counsel who can show up to court on your behalf. This will ultimately depend on the reason why you must make a court appearance in the first place. Consult with your attorney about whether it is necessary to reschedule your hearing before you start to make scheduling changes.

If you find that rescheduling isn’t really necessary, you definitely need to make plans with your attorney. Many situations allow for the individual to be physically absent while still being represented by an attorney. Attorneys on Demand can do this service for you if the need arises.