After being charged with a criminal offense, you’ll be required to appear in a court of law at a time and date that is chosen for you. If it isn’t a traffic violation, you will be called to attend more than one hearing, none of which are optional. If you fail to make an appearance at the prescribed time, your situation will likely become more difficult. If you’ve overlooked your court date, here’s what you may be able to do.

Explore the Potential Additional Penalties You May Face  

If you do not show up in court at the predetermined time for your criminal hearing, you may be charged with a new offense for failing to appear. Often, this is charged as a misdemeanor, but may be upgraded to a felony if the charges for which you were meant to appear were felonies. If you are found guilty, the sentence for failure to appear will be tacked onto whatever sentence is issued for the original crime.

Discuss Extenuating Circumstances With the Court  

You may not have been able to help the fact that you couldn’t make your court date as scheduled. Let the court know if: 

• A family member had a serious illness or passed away. 
• You never received formal communication of your court date. 

If either of these things, or another valid extenuating circumstance prevented you from appearing in court at the time and date you were supposed to, you may not be charged with failure to appear. 

You’ll need to provide proof that your family member was ill or died, such as a death certificate or hospital records. Or, if you were never notified, the prosecution has the burden of proof to show that you were, in fact, properly served. 

Call a Texas Criminal Defense Attorney Right Away 

Being charged with a crime of any kind is frightening. Being charged with a crime on top of a crime because you missed your court date can be particularly frustrating. It’s important that you have legal guidance to help you defend your rights not only in the case of failing to appear but also in your original criminal case. 

No matter what type of crime you were charged with, your rights should remain intact throughout the criminal process. Contact the Bourlon Law Firm today to speak with a Texas criminal defense lawyer who can help you by calling for a free consultation at (361) 289-6040.