Missing a court date might seem like a small mistake, but it can lead to massive problems.

Whether it’s for a traffic ticket, a more serious criminal charge, or any other legal matter, showing up to court is important.

Let’s talk about what happens if you miss your court date in South Carolina and what you can do about it.

Immediate Consequences of Missing a Court Date

When you don’t show up for your court date, it’s called a “Failure to Appear” (FTA).

In South Carolina, the judge may issue a bench warrant for your arrest.

According to South Carolina Code § 17-15-90, if a person released on bail fails to appear in court, the state can also bring separate charges for failing to appear in addition to a bench warrant for not showing up to court.

This means that the police can pick you up anytime and anywhere, and take you to jail.

One of the immediate consequences is that your bond could be revoked or the bondsman can ask to come off of your bond.

If your bond is revoked, you will have to sit in jail until your case is resolved.

This can be very disruptive to your life, affecting your job, family responsibilities, and other commitments.

This is why it’s crucial to take court dates seriously!

It can be daunting to know that missing just one court appearance can lead to incarceration, but understanding the process helps in being prepared.

Know that even if you have a justifiable reason for missing your court date, you still could be arrested on a bench warrant and held until the court can determine the validity of why you missed.

Long-term Legal Repercussions

Missing a court date can also have long-term effects.

It can potentially become part of your criminal record, affecting background checks for jobs, housing, and more.

A Failure to Appear charge could complicate any current or future legal matters.

For example, if you’re involved in multiple cases, missing one court date might impact other cases, especially if the judge sees it as a pattern of behavior.

What people fail to realize is that, if you’re in jail because your bond was revoked, it might force you into taking a plea deal just to get out of jail.

Being in jail makes it harder to fight your case and could pressure you into accepting a plea bargain, even if it’s not in your best interest or what you want to do.

Assume you have some valid legal defenses and want to go to trial, but you missed a court date and are now in jail on a bench warrant.

All of a sudden, that probationary offer looks a whole lot better than waiting a year to come to trial.

You might feel that you have no choice but to plead guilty to a charge, just to regain your freedom. This can have lasting impacts that never go away.

Addressing the Situation

If you realize you’ve missed a court date, it’s important to act quickly. Here’s what you can do:

Contact the Court Immediately

• Act Fast: Call the court right away to explain your situation. The quicker you act, the better your chances of resolving the issue without complications.
• General Sessions Cases: If your case is in General Sessions, you might be able to appear in court the next day.
• If You Know You’ll Miss Court:
  • Common Reasons: Sickness, car trouble, etc.
  • What to Do: Try to contact the court before your scheduled date to reschedule.
• Avoid a Bench Warrant: Courts are often more understanding if you proactively reach out rather than waiting for them to notice your absence.
• Find Court Contact Information:
  • General Sessions Clerks: List of South Carolina General Sessions clerks
  • Magistrate and Municipal Courts: Do an internet search for your municipality’s or county’s court clerk.
  • On Your Ticket or Warrant: You may also find the court’s number listed here.

Hire a Lawyer Immediately

• Missed Your Court Date? You likely don’t have a lawyer, and now is the time to get one.
• Why You Need a Lawyer:
  • Understand Your Options: A criminal defense lawyer can help you navigate your missed court date and any potential bench warrant.
  • Legal Guidance: An attorney can advise on filing a motion to lift a warrant or explore other legal remedies.
• Benefit of Having an Attorney:
  • Prevent a Warrant: Simply having a lawyer can sometimes prevent the court from issuing a warrant.
  • Quick Resolution: If a warrant is issued, your attorney can often get it rescinded quickly.

Handling a Bench Warrant

• Turn Yourself In:
  • With Legal Help: Your lawyer can help you arrange a convenient time to turn yourself in, showing responsibility.
  • Benefits: Voluntarily turning yourself in can demonstrate to the court that you’re taking the matter seriously, which might lead to more lenient treatment.
• Attorney’s Role:
  • Arrange a Hearing: If a warrant has been issued, your lawyer might be able to arrange a hearing to have it rescinded.
  • Court’s Response: If you appear at this hearing, the court may be more inclined to grant your motion to lift the warrant.

Tips for Avoiding Missed Court Dates in SC

To avoid the stress and consequences of missing a court date, try these tips:

1. Use Reminders: Set reminders on your phone or mark your calendar so you don’t forget important dates. Consider using a dedicated app for managing appointments and deadlines. Some apps even allow you to set multiple reminders leading up to the event.

2. Stay Updated: Make sure the court has your current contact information so they can reach you if needed. If you move or change phone numbers, notify the court promptly to avoid missing any notices. This can prevent many issues that arise from missed communications.

3. Hire and Communicate with a Lawyer: Keep in touch with your lawyer and let them know if you have any concerns about your court dates. They can help you keep track of important dates and ensure you understand the significance of each appearance.

4. Understand Your Obligations: Be clear about what each court date is for and what is expected of you. If you have multiple legal issues, it can be confusing, so make sure you know which case each date pertains to.

Conclusion

Missing a court date can result in a compounding of serious consequences, but there are ways to handle the situation and even prevent it from happening.

Remember, showing up for your court dates is crucial to keeping your legal matters on track. By staying informed and being proactive, you can avoid the complications that come with missing a court date.

It’s always better to take steps to ensure you meet your obligations rather than face the consequences of failing to appear.

In South Carolina, like everywhere, the legal system works best when everyone involved takes their responsibilities seriously.

By understanding the potential consequences and knowing how to address them, you can navigate the legal process more smoothly and with greater peace of mind.

Don’t Let a Missed Court Date in SC Turn Your Life Upside Down!

If you’ve missed a court date in South Carolina, it’s critical to act fast.

The longer you wait, the more severe the consequences could be, including arrest and long-term legal issues.

Contact an experienced criminal defense attorney immediately to guide you through the process, protect your rights, and potentially prevent or resolve any bench warrants.

Take control of your situation now—reach out for a consultation and safeguard your future.