Legal Question in Criminal Law in Illinois

Re: appearing in court

In a criminal case, when the defendant fails to appear in court a warrant is usually issued by the Judge. Also, the case is now the government against the defendant, not you against the defendant. If you do not show up it is likely that the prosecutor will obtain a coninuance and then have you served with a subpoena requiring you to appear at the next court date. If you fail to appear pursuant to a subpoena, you are risking being held in contempt of court and the Judge has the authority to issue a "capias" which has the same effect as a warrant. It is possible in that situation that you could be taken into custody and held until the trial date. Speak to the prosecutor handling the case about signing an affidavit of non-prosecution.