What will happen if I miss a court date for a misdemeanor marijuana charge and carrying concealed weapon?

Asked over 4 years ago - Clearwater, FL

I'm supposed to be leaving with my band to travel and they haven't set up a date for me yet. I was arrested Jan. 2nd.

Attorney answers (3)

  1. Michael Alexander Misa

    Contributor Level 12

    Answered . You should retain an attorney who can file pleadings for you so wont have to appear in Court until ordered by the judge. Otherwise, if you miss the arraignment without being represented the court will check notice and issue a capias for your arrest if appropriate. Talk to an attorney BEFORE you leave town. Good luck!!

  2. Lauren Walter Berns Jr.

    Contributor Level 10

    Answered . Mr. Misa is correct. For court appearances early in the process, you can sign a "waiver of appearance" IF you are represented by counsel. That attorney can also ask for and (probably) get the Court's approval for your travels and have your case continued until after your return. These are all worth pursuing.

    Also, since you are likely out on bond now, you should review the conditions of your bond; those conditions often include travel restrictions, so you (or your attorney) will need to ask the Court to modify that condition before you can travel without potentially causing more trouble for yourself.

    By the way, in case you choose to plea without counsel at an early hearing (which I do NOT recommended - it is ALWAYS a bad idea), and the plea offer includes probation, make sure you alert the judge to your upcoming schedule so that his approval of the travel is included in your initial probation orders.

  3. Karyn T. Missimer

    Contributor Level 18

    Answered . I agree with the first answer.

    If you miss the court date, the court will likely order a warrant for your arrest. Further, missing the court date may mean the court will order higher cash bail (or no cash bail) when you actually do get around to appearing (or are finally arrested/taken into custody). Not appearing in court may also affect the pretrial negotiations in your case negatively.

    Consult with local, experienced criminal defense attorneys. It is best to have an attorney on your side when you are facing jail time. Also, most initial consultations are free. So, you have nothing to lose at first.

    Good luck!

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