Contact your attorney or the prosecutor ASAP to re-schedule for medical reasons.
Tara Moody-Nichol is licensed only in the State of Michigan. All answers provided relate only to Michigan law and are made for general information purposes ONLY. They are NOT intended to be legal advice and are NOT intended to create an attorney-client relationship between Ms. Moody-Nichol and any readers or subscribers to avvo.com. Tara Moody-Nichol Attorney at Moody & Nichol, PLLC East Lansing, MI (517) 583-0520
A failure to appear is generally considered being held in contempt, meaning you violated a court order. With that said, Michigan law designates a criminal contempt as a 93-day misdemeanor. This means you would or could face a new criminal charge. If you have an attorney, which I assume you don't, you should contact him or her and have this hearing adjourned. If you don't have an attorney, as the other attorney indicated, contact the prosecutor and ask him or her if she would object to an adjournment because you are having surgery. You will likely have to call the judge's clerk afterwards and inform them of your agreement between the prosecutor regarding the adjournment, but hopefully the prosecutor will take care of that for your so you have less issue….this is dependent on the fact that the prosecutor will agree to the adjournment. Do this as soon as possible…the longer you wait the better the chance that you will be unable to obtain an adjournment, which means that when you fail to appear the court will likely issue a warrant for your arrest for contempt or for a show cause to explain why you failed to appear. Either way, you don't want this to occur. Best of luck.