With criminal charges, you might need to appear before a judge or other courtroom official multiple times throughout the legal process, usually beginning with your initial arraignment hearing. Failing to appear in court at any of those legally mandated times could result in additional criminal charges for violating the law.
If you are facing charges for failing to appear, you need to protect your rights with an experienced defense attorney. A knowledgeable Richmond failure to appear lawyer from Price Benowitz could meet with you to discuss potential defense strategies.
Under state law, as outlined in Virginia Code § 19.2-128, anyone facing a court summons or arrest warrant must appear before the court as requested and required. Failure to appear could result in either a bench warrant being issued for your arrest or in a court trying your case in your absence. The penalties for failing to appear vary widely in severity depending on whether the underlying charges involve a misdemeanor or a felony.
Our seasoned Richmond attorneys have a successful history of handling various failure to appear charges and mounting vigorous defense strategies. We could help you face these allegations.
Facing charges for missing a court appearance can feel overwhelming, which is why working with an experienced Richmond legal team is essential. A well-versed local attorney could guide you through the legal process.
Our legal team would first check to see if the court issued a bench warrant, also known as a capias. With a bench warrant against you, the police may arrest you and bring you before the court to face the charges. If the initial charges involved a bond payment, the courts would likely revoke your bond, forfeiting the payment. Police may then re-arrest you, and you could potentially spend time in jail or pay another bond amount until the resolution of your case.
Our skilled legal team could file a motion asking the court to withdraw the bench warrant. We would explain that we are representing you and that you plan to appear before the court to face the underlying charges against you.
If the court tried you in your absence and found you guilty on the underlying charges, our legal team knows how to help. We could file a motion with the court asking them to reopen the case for trial. If the court is unwilling to reopen the case, we could appeal the case to the Circuit Court of Appeals. However, you would need to file the appeal within 10 days.
It is critical that you reach out to a seasoned criminal defense attorney as soon as possible. Courts are more likely to rule in your favor if you come forward to address and resolve the matter before being arrested. However, we could also work with you at any stage of the legal process by applying our skills to help you.
Failing to appear in court can result in serious legal penalties. A well-versed Richmond failure to appear lawyer could help you work toward the best possible legal outcome. Contact our team at Price Benowitz today to arrange for a free case evaluation.
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