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What Happens If You Miss a Court Date in California

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Missing a court date in California might seem like a small mistake—especially if the charge feels minor. However, failing to appear in court can create serious and lasting problems. Understanding what happens next and what you can do to address the issue is the first step toward protecting your rights and your future.

If you've missed a court date, don't wait. Contact our legal team today or call (310) 361-3068 for immediate help. An attorney can help you take quick, smart action before the situation gets worse.

Why Missing a Court Date Matters

When you're charged with a crime—no matter how small—it's a legal obligation to appear in court on your scheduled date. The judge can issue a bench warrant for your arrest if you don't show up. This means law enforcement has the authority to take you into custody at any time.

Even if your original case involved something minor—like a traffic offense or misdemeanor—missing court turns it into a much more serious matter.

Here's what can happen when you miss a court date in California:

  • A bench warrant is issued for your arrest.
  • You may face additional criminal charges for "failure to appear."
  • Your driver's license can be suspended.
  • You could lose bail or be taken into custody without bail in the future.
  • The court may increase your fines or penalties.

Understanding "Failure to Appear" Charges

In California, missing court is called Failure to Appear (FTA) under Penal Code Section 1320 or 1320.5. The exact consequences depend on what type of case you had and whether you were released on bail or your own recognizance.

In simple terms:

  • If you were charged with a misdemeanor, failing to appear can add up to six months in jail and extra fines.
  • If your case involved a felony, the penalties are much higher—up to three years in jail, plus an additional charge that makes your record even more serious.

The court and prosecutors treat FTAs as signs of irresponsibility or guilt, even though life emergencies or confusion are often the real reasons people miss their dates.

What You Should Do If You Missed a Court Date

The most important thing to remember is this: Don't ignore it. Waiting will only make things worse.

Follow these steps right away:

  1. Contact a criminal defense attorney immediately.
  2. A lawyer can check the court records, find out whether a bench warrant was issued, and guide you through the process to fix it.
  3. Do not try to handle it alone.
  4. Walking into court without representation can lead to being taken into custody. An attorney may be able to appear on your behalf or arrange a "walk-in" hearing to recall the warrant safely.
  5. Gather any proof of why you missed court.
  6. This might include hospital records, transportation delays, or documentation showing a misunderstanding about the date.
  7. Stay proactive.
  8. Courts respond better when you show responsibility. Acting quickly demonstrates that you take the process seriously and helps your lawyer negotiate better outcomes.

How an Attorney Can Help You Fix a Missed Court Date

A Torrance criminal defense lawyer from Ernenwein & Mathes, LLP can do more than explain the situation. They can take action to reduce your risk and help you regain control of your case.

An attorney may be able to:

  • File a motion to recall the warrant, which cancels it and brings your case back to active status.
  • Appear on your behalf in misdemeanor cases, saving you from immediate arrest.
  • Negotiate with the prosecutor to avoid additional charges or penalties.
  • Guide you through the next steps, including rescheduling hearings and preparing for court.

Having an attorney handle the situation signals to the court that you're taking your obligations seriously and are committed to resolving the issue.

How to Prevent Missing a Court Date in the Future

Life gets busy—and court paperwork can be confusing—but missing court always has consequences. A few simple steps can prevent it from happening again:

  • Set multiple reminders on your phone, calendar, or planner.
  • Confirm your court date with your attorney or the court clerk a few days before.
  • Keep your contact information updated with the court and your lawyer so you don't miss notices.
  • Plan transportation early. If you rely on public transit, leave extra time for delays.
  • Ask your attorney for clarification if you're unsure where or when to appear.

Torrance Criminal Defense Attorney

If you've missed a court date—or think you might—don't wait for law enforcement to come to you. The sooner you act, the more options you'll have to protect yourself from arrest, fines, and jail time.

The attorneys at Ernenwein & Mathes, LLP have decades of experience defending California residents in criminal cases and helping people resolve missed court dates quickly and effectively.

Call (310) 361-3068 now or contact our team online to schedule a confidential consultation. We can help you understand your options and take fast, strategic steps to get your case back on track.

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