This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
Writing the Letter Insert your address and the date. Add the judge's name and address. Open the letter with a salutation. Explain why you will miss the court date. Mention any supporting documentation. Request a new court date. Conclude the letter. Add your name.
Go to the Clerk of the Court where you were supposed to have your hearing, explain the situation. Ask for another hearing date. Depending on what state you're in and how serious your situation is, there may be a bench warrant for your arrest or you may be repremanded by the judge.
More commonly, valid excuses might include serious illness, a family emergency, or a scheduling conflict that was well-documented. Courts typically require evidence for these excuses, such as medical records or proof of an emergency, to consider rescheduling the hearing.
Begin with a formal salutation, such as "Dear Judge Last Name," and introduce yourself and your case. Clearly state your reasons for requesting a continuance and provide supporting evidence. Conclude your letter by expressing your gratitude and willingness to cooperate with the court's decision.
To change a court date, you must get a judge's permission. You ask the judge's permission by filing a motion. This motion asks the judge to reschedule a court date. If you are asking for a new court date, it is called a continuance.
If you missed your court date, you should call the court as soon as possible to explain your absence and offer to appear in court immediately. If you wait to contact the court, you could be facing a warrant and additional charges. After missing your court date, you also may want to call a criminal defense attorney.
If the defendant doesn't show up for their bench trial, absent a legitimate excuse, then a warrant will issue for their arrest.
Failure to Appear in Virginia is charged under Virginia Code §19.2-128. It is a Class 1 misdemeanor punishable by zero to twelve months in jail and/or a fine of up to $2,500.00. The judge hearing the original case will issue a bench warrant (capias) at the hearing in the person's absence.