What is a Legitimate Excuse for Missing a Court Date?
A. When a court date is missed, generally teh court will add new charges to the case. Excuses are not defenses to the new charges. There are defenses to a failure to appear charge. They are limited, but include: 1) incarceration; 2) lack of actual notice of a court date; 3) hospitalization; 4) death or incapacitation. Excuses that will probably never work, but are often tried, include: 1) I was homeless; 2) I was going through a divorce; 3) I did not have transportation; 4) did not receive a courtesy notice from the court (your ticket serves as notice of a required court appearance); 5) I did not have proof of registration or insurance (you have to go to court anyway!); and 6) I did not have the money to pay the fine (terrible excuse).
A. When a court date is missed, generally teh court will add new charges to the case. Excuses are not defenses to the new charges. There are defenses to a failure to appear charge. They are limited, but include: 1) incarceration; 2) lack of actual notice of a court date; 3) hospitalization; 4) death or incapacitation. Excuses that will probably never work, but are often tried, include: 1) I was homeless; 2) I was going through a divorce; 3) I did not have transportation; 4) did not receive a courtesy notice from the court (your ticket serves as notice of a required court appearance); 5) I did not have proof of registration or insurance (you have to go to court anyway!); and 6) I did not have the money to pay the fine (terrible excuse). Q. How Can an Attorney Help with a Failure to Appear Case? A. An attorney can appear in court for you on most traffic and misdemeanor criminal matters. Under authority of CA Penal Code section 977, an attorney can set dates for your case, negotiate plea
