Sample Letter To Judge For Missing Court Date In North Carolina
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FAQ
How long does an arrest warrant last in North Carolina? An arrest warrant does not expire. It remains active until you resolve it by appearing in court, or law enforcement apprehends you.
If you need to miss a court case, a valid excuse might include something like a sudden illness, a family emergency, or an unavoidable conflict, like a pre-scheduled medical procedure. It's important to inform the court right away and provide any supporting documentation, or you risk facing penalties for not attending.
If a Failure to Appear is issued, in some cases a judge can “strike” the Failure to Appear and give you a new court date. Your attorney can assist you in making this request, or if you do not have an attorney, you can file it yourself with the clerk of court. You should bring proof of your reason for missing court.
A Failure to Appear is a serious offense. You could face up to 120 days of jail time and/or a $200 fine if convicted. Plus, the DMV will suspend your license until you take care of the FTA.
You may contact the clerk of court's office of the county in which you were charged to ask about the local procedure for having your case rescheduled. If you are represented by counsel, you also may contact your attorney.
If you miss your court date, you may be able to reschedule your case for a new court date with the clerk of court's office, particularly if no order for your arrest was issued. If a Failure to Appear is issued, in some cases a judge can “strike” the Failure to Appear and give you a new court date.
The letter should be addressed to the Judge, but mailed to the defendant's attorney. Who are you? ... Make it personal when describing the defendant's characteristics. Only talk about what you know. Be truthful. Never attack the victims or law enforcement. Never allow the defendant to write the letter for you.
Missing a court date for a traffic violation might seem like a minor oversight, but it can have significant consequences. In North Carolina, failing to appear in court for a traffic case typically results in a $200.00 Failure to Appear (FTA) fine.
