I have recieved a misdemeanor summons to court. I missed my court date which was today. What counts as a valid excuse for missing court a Doctors Note? I am scheduled to goto Mexico in a few weeks will I not be able to leave with the bench warrant? Also they spelt my name wrong and my date of birth will the warrant show up with my correct name and date of birth ? I'm unsure of what to do. Can someone please advise me which steps I should take. Thanks ahead of time.
2007-03-20 04:25:08 · 14 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
okay I forgot to mention. I live in NYC. So going to the court is somewhat difficult. I have classes everyday. Not sure what to do. Tough situation.
2007-03-20 04:35:30 · update #1
Thanks everyone for your input. So will I be able to travel to Mexico next month with this outstanding?
2007-03-20 05:04:44 · update #2
Too simple,
GO see the Court clerk TODAY and reschedule the date. Although a Bench warrant has been issued, the courts will work with someone who walks in rather than then having to come find you.
If your name is spelled wrong and the date is wrong of your birth that would be enough to give me an excuse for not showing up....Was it me or wasn't it...
2007-03-20 04:31:17 · answer #1 · answered by Uncle Red 6 · 2⤊ 1⤋
1
2016-04-27 01:00:42 · answer #2 · answered by Maude 3 · 0⤊ 0⤋
If you missed your court date, that is a FTA (Failure to Appear) on a misdemeanor. You need to contact the court immediately and turn yourself in. A bench warrant means that there is a warrant for your arrest that will show up if you are stopped by law enforcement in any state.
Regarding your name and date of birth, when that is pulled up, it is pulled up by SSN as well, as well as any possible aliases, so it is something you should tell them to correct, but remember it will still be traced to you.
When you call the court, ask them if there is a bond. You may be able to bond out, but let the court know you will be going to Mexico, because you will have a court date, even if you have a bond.
In addition, if you do notify the authorities, there is a possibility you will be arrested, until you can see a judge, or unless you have a bond. But you definitely need to get it taken care of before you leave for Mexico.
Of course, all states laws are different as well. Your best bet is to call the court.
And regarding misdemeanors out of state, I have actually seen it done...it depends on that facility's preferences...
2007-03-20 07:17:42 · answer #3 · answered by crazyandhappy 1 · 0⤊ 0⤋
I live in NC and NC law requires a warrant be issued depending on the charge. For example a misdemeanor would probably not get a warrant issued. You should go ahead and go to court this afternoon or call the clerk of courts and tell them you missed and what exactly the summons is for and ask them what you need to do. If your name is not spelt correctly then they probably can't find you but you don't want to hide from something that can easily be dismissed. And I do not think you HAVE to make appearance for a summons, they are asking you to go to court not charging you.
2007-03-20 04:32:46 · answer #4 · answered by Lisa B 2 · 0⤊ 1⤋
If it's a misdemeanor it's not a problem. You can't be arrested out of state on a misdemeanor warrant, so unless you plan on returning to NC I wouldn't worry about it. However, if it is a compact state you there could be some drivers license related ramifications depending upon what you were cited for.
If it's a felony, you will be visiting NC at some point whether you like it or not as they do typically extradite out-of-state on felony warrants. Misdemeanors are also not listed in NCIC.
The improper name spelling and DOB is moot, as other numerical identifiers are used such as SSN and drivers license number.
2007-03-20 04:53:34 · answer #5 · answered by Pipe Grampa 2 · 0⤊ 0⤋
Some jurisdictions don't issue warrants on misdemeanor traffic violations, they suspend your license until you appear in court which will continue to add up further charges and cost.
Hire a lawyer in that area, and make sure he gets into the judges chambers asap - he should be able to help.
2007-03-20 05:00:16 · answer #6 · answered by dannyl410 2 · 0⤊ 1⤋
Call a lawyer who has practiced in the district for a long time. But, you need to go to court and explain why you missed it. The longer you wait to go the worse it looks, and the more it looks like you have no respect for the court. Come up witha decent excuse and go let the judge yell at you.
2007-03-20 04:28:15 · answer #7 · answered by eawolfpack04 3 · 1⤊ 1⤋
In most cases a doctors note will be okay with the judge. You need to go and turn yourself in, they may make you post bond, they may not, depends, you might just get assigned a new court date. Depending on what you were summoned for. They may place you in jail until you go in front of a magistrate. You can usally call the jail and find out what you will need to get released, or call that court house.
2007-03-20 04:32:02 · answer #8 · answered by HappyGoLucky 4 · 0⤊ 2⤋
Contact Dare County Clerk of Court Merlee Austin (merlee.t.austin@nccourts.org) or at: Phone: (252)475-9100
Fax: (252)473-1620. Tell her you missed your court date and then go by her advice.
Good luck.
2007-03-20 10:54:38 · answer #9 · answered by Hootiesplace 3 · 0⤊ 0⤋
go to the courthouse, with all the money you need to pay the fine...i believe that if a warrant was actually issued, then they MUST follow up on that...they may very well arrest you---don't panic!...it will be a "quick turn-around", if you bring all the cash you need---best to call courthouse first, and find out how much--there may be more fines involved at this point---don't put it off...it will only get worse...
2016-03-29 08:33:32 · answer #10 · answered by Lisa 3 · 0⤊ 0⤋