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Missed Court Date

Fort Washington, MD |

I missed my court date (not intentionally, though). I now understand that a bench warrant has been issued. I didn't miss my court date intentionally. Is there something I can do to get another court date without going to jail. Is there some kind of motion that I can file with the court?

Attorney Answers 2


In most states you must go to the criminal court clerk and have your case added on to a future calendar at which you show up and the judge will usually recall the warrant (assuming you have a good excuse). Usually you can be added to a calendar within a few days so it is unlikely you'd be arrested in the meantime.

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In Maryland, you can file a "Motion to Quash" the bench warrant. In your motion, state the reasons why you missed your court date, and any other relevant information regarding why it would be an undue hardship for you to be arrested and jailed (health problems, caring for children or disabled relatives, etc., if any of these situations apply to you). Request that the court "quash" (recall) the bench warrant and give you a new court date. Attach a proposed order to the motion for a judge to sign. You may file this on your own, or have an attorney prepare one for you. If you are represented, contact your attorney about this immediately.

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