I Missed my Wake County Court Date!

What happens if I miss my court date?

Missing a court date, whether intentional or not, can carry serious consequences, including additional fines, revocation of your driver’s license, issuance of an order for your arrest, and/or forfeiture of your bond.   

When you fail to appear for a scheduled court date in Raleigh, North Carolina, the clerk will mark the file “Called and Failed.”  What happens after that depends on the nature of the charge you’re facing.  For any motor vehicle offenses or infractions, you will have 20 days to get your case placed back on the court calendar or otherwise resolve the charge.  If no action has been taken after this 20 day grace period, the clerk will then record a “Failure to Appear” (FTA) on the file and a $200 late fee will be assessed.  DMV will also be notified of the failure to appear and will revoke your license if no action is taken to correct the FTA within 60 days.  Your license will remain suspended until the underlying charge has been resolved.

For minor traffic infractions, such as speeding, the consequences of missing court end here.  However, for more serious motor vehicle offenses, such as Driving While Impaired or Driving While License Revoked, and all other misdemeanor or felony charges, failing to appear for court will likely result in an order for your arrest being issued.  Depending on the nature of the charge, the order for arrest may be issued the same day you missed court.  The Wake County Sheriff’s Office may come to your home or place of work to arrest you.  Once you are arrested, you will likely be required to post a bond in order to ensure your appearance at a later court date.  If you are already under a bond and fail to appear for court, your bond may be forfeited, and you could be charged with a criminal offense.

What should I do?

If you’ve missed court in Wake County, North Carolina contact The Law Offices of Wiley Nickel immediately at (919) 585-1486 for a free consultation.  Our experienced criminal defense attorneys can advise you how to best minimize the consequences of failing to appear for court.  Oftentimes, we are able to eliminate the consequences entirely by having a judge strike the FTA and order for arrest.  Usually, the cost of retaining our services is less than the cost of posting a bond and could save you the unnecessary embarrassment of being arrested.

Comment

Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.