What Happens When I Want to Get a New Court Date, and the Judge Says No?

You may have had something come up, and couldn't get out of it. And it so happens that on the same day, you had to go to court. What will happen next?

Before any trials or motions, courts will first call the calendar, and make sure that everyone on the calendar is present. If you are not present, the court may put on your record an FTA, which is Failure to Appear. The court instead may decide to get an OFA, which is an order for arrest. But what if you are representing yourself and need to get your matter moved to another date? By missing court, an FTA or OFA can severely impact your case.

Let's say that you received a ticket for a traffic violation. If you are not present for your time slot in court when the calendar is called, the FTA may cause your license to be suspended. And if it has not been cleared up after 40 days, it is sent to the DMV. An FTA also has a fine of $200.

You can get the FTA stricken, but if you are representing yourself, that can be difficult for a few reasons. Judges want to have clear and concise reasoning as to why they need to get rid of an FTA, and in a situation where you represent yourself, that can be hard to explain. Court is already a nerve-wracking experience, and being there on your own is extremely difficult. Getting a lawyer to help you may provide a better chance at being able to get the FTA stricken and a new court date.

If you have any questions regarding rescheduling a court date, a lawyer may be able to help you argue for a new court date. The Law Offices Of Wiley Nickel can try to help you get a new court date, and try to help your interests. Call the Law Offices of Wiley Nickel for a FREE consultation at 1-(919)-585-1486. You can also email Attorney Kristi Haddock at kristi@wileynickel.com or Wiley Nickel at wiley@wileynickel.com, directly. 


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.