Miami, Florida Failure to Appear Attorney

Dedicated Criminal Defense Attorney Helping Clients Who Have Missed Court Dates in Miami, FL

Missing a scheduled court date in Florida can lead to serious legal consequences, including a warrant for your arrest, additional criminal charges, and increased penalties. Courts expect you to appear when required, and failure to do so can escalate your case, making it more difficult to resolve. Even if the missed appearance was unintentional, you could face severe repercussions.

In these situations, you will need a legal advocate who can help you avoid additional penalties. At The Hoffman Firm, our lawyer can help you prevent an arrest, meet your legal requirements, and work to resolve this issue while also defending against other criminal charges. We will fight to protect your rights throughout the legal process.

Common Reasons for Missing a Court Date

There are many reasons why you might fail to appear in court, including:

• Medical Emergencies: A sudden illness or injury may prevent you from attending court.
• Unavoidable Conflicts: You may have a family emergency, or transportation issue that makes it impossible to get to court on time.
• Failure to Receive Notice: If you did not receive a court summons due to a clerical error, outdated address, or lost mail, you may not have been aware of the hearing.
• Misunderstanding the Court Date: You may have misread court documents, or you may have mistakenly believed that you did not need to appear.
• Fear of Legal Consequences: Some people who believe they may face jail time or other penalties may avoid appearing in court.
• Lack of Legal Representation: If you did not have a lawyer after being charged with a crime, you may have been unsure of what you were supposed to do, or you may not have understood the importance of attending hearings.

While some of these reasons may be valid, the court may not excuse a failure to appear. To demonstrate that you will meet your requirements in the future, it is crucial to have representation from an attorney who can advocate on your behalf during legal proceedings.

Legal Consequences of Failing to Appear in Court in Florida

When you have failed to appear in court as required, the judge may impose additional penalties, which will typically depend on the severity of the original charge and whether the absence was intentional. These consequences may include:

• Issuance of aBench Warrant:A judge may issue a warrant, authorizing law enforcement to arrest you. Once a bench warrant is active, you may be taken into custody at any time.
• Additional Criminal Charges for Failure to Appear:Florida law treats failure to appear as a separate criminal offense, and the severity of the charge will depend on the nature of the original case. If you had been charged with a misdemeanor, failure to appear is a first-degree misdemeanor, and you could face a sentence of up to one year in jail or be fined a maximum of $1,000. If you were facing felony charges, failure to appear is a third-degree felony, with potential penalties of up to five years in prison and a maximum fine of $5,000. These penalties are in addition to any sentencing or consequences associated with the original case.
• Forfeiture of Bail or Bond:If you had been released on bail or bond before missing a court date, the judge may revoke bail and require the full bond amount to be paid. You may be denied bail or required to pay a higher bond to secure your release.

How Our Miami Criminal Defense Lawyer Can Address a Failure to Appear in Court

If you have missed a court date, it is critical to act quickly to prevent further legal consequences. Our attorney can help you take steps to:

• Resolve a Bench Warrant Before an Arrest:Our lawyer can file a motion to cancel the bench warrant, explaining to the court why the failure to appear occurred and requesting that the warrant be withdrawn.
• Negotiate with the Court for a New Hearing:Our attorney can request a new hearing date and demonstrate that the failure to appear was not intentional. If you had a valid reason for your failure to appear—such as a medical emergency or lack of proper notice—the court may allow the case to continue without further consequences.
• Protect Against Additional Charges: Our lawyer can argue against criminal charges for failure to appear, helping you to avoid jail time, fines, or other penalties for this offense.
• Arrange for a Voluntary Court Appearance:If an arrest warrant has been issued, our attorney can help arrange a voluntary surrender. This approach may result in a more favorable outcome than being arrested unexpectedly.
• Advocate for Release if Arrested:If you have been arrested on a bench warrant, our lawyer can request a bond hearing or argue for release on personal recognizance, ensuring that you will not need to spend more time in custody than necessary.

Contact Our Miami Failure to Appear Defense Attorney

If you have missed a court date in Miami, do not wait for law enforcement to arrest you—take action now to resolve the issue. At The Hoffman Firm, our lawyer can help you negotiate with the court, working to minimize the penalties you may face. The sooner you address the situation, the better your chances of avoiding severe consequences. Contact our firm by calling 305-249-0090 to arrange a free consultation today.