Legal Question in DUI Law in Missouri

Missing a court date

I received a ticket for minor in possesion. I completely forgot about my court date which was set for today at 1:30 and I missed it. What's going to happen now and how do I go about fixing this situation?


Asked on 8/14/06, 9:11 pm

3 Answers from Attorneys

Bryan Lade None

Re: Missing a court date

Because you missed the court date, the judge will likely issue a warrant for failure to appear. If this happens, there are two possible ways to deal with it.

First you can turn yourself in to the police and post the bond to be released. Then you will have to appear at the scheduled time to reclaim the bond and appear for the reason you missed.

Second you can hire an attorney and they can file a motion to recall the warrant, saying you missed the appearance for because of excusable negligence. If the judge grants the motion, then will not have to worry about being arrested again, or paying the bond, and your court date will be rescheduled.

In either situation it will likely be benficial to hire an attorney to help deal with the charge, because, the penalties can be a fine up to $1000, or up to one year in county jail.

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Answered on 8/14/06, 11:03 pm
Anthony Smith LawSmith

Re: Missing a court date

You would be very wise to hire an attorney ASAP. But at the bare minimum, call the Court, and tell the Judge's clerk that you accidently missed Court today. Do this before they close for the day. If the Judge is to be on the Bench for say a 3:30 docket. It has only been an hour and half. You may have time to get there before it ends, and have a bench warant recalled before it goes out. Good Luck.

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Answered on 8/15/06, 4:10 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Missing a court date

The exact answer to your question depends in part upon where you were supposed to be in Court. In St. Louis County, for example, I can tell you that it takes the clerks a little while to actually enter the Warrant into the system. If you were to hire an attorney immediately, your attorney might be able to go to the courthouse and obtain another court date for you without having to go through all the trouble of getting an existing warrant cancelled. On the other hand, if the warrant has already been issued and is in the system, it may be possible for your attorney to get the warrant cancelled and get another court date without your having to be arrested, post bond, and go through that process. As I'm sure others have responded, this is a case in which you really need an attorney. If you are in the Eastern part of the stae, I would be willing to help you. You can call me at the office. If not, then I wish you the best of luck.

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Answered on 8/15/06, 9:24 pm


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