Can You Reschedule a Court Date if You Miss It?

Speak with a trusted Gwinnett County Juvenile Court lawyer in Georgia.

If you don’t show up for a court date, there may be legal consequences. Before you miss your next court date, confirm what will happen.

 

Author: Philip Kim, Founder, Philip Kim Law, P.C.

Defense lawyer Philip Kim has committed his career to standing up for the accused, and protecting the rights and reputations of his valued clients. If you face criminal charges in Georgia, we can provide you with the skilled, effective defense representation you need.

Published on July 07, 2022.

 

Can You Postpone a Court Date?

A court appearance is vital to raise your chances of getting your life back and avoid getting into more trouble with the court. However, sometimes things don’t work according to plan.

Missing your court date may seem like nothing but it could lead to severe consequences. If you missed your trial date, the court would issue a bench warrant, give you a harsher sentence or revoke your bail bond.

Seeking legal help from a Superior Court lawyer as soon as possible could help get your case back on the court’s calendar. Taking more time without acting on a missed court date raises your chances of getting arrested.

So, can you postpone your court date? The answer is yes! You can postpone your court date if the need arises. However, rescheduling your court date is not automatic. You need to make a formal request to the court, preferably with help from an experienced attorney.

Rescheduling a Court Date

Certain circumstances can force you to change your court hearing date. You need to apply the rule of reason while seeking to postpone your original court date. Once you confirm that you need to reschedule your court date, act quickly and let the court know the reason for missing court date.

How to Reschedule a Court Date

There are several steps to take when rescheduling your next court date. However, it is important to note that the court is not obligated to accord your request.

Inform Your Criminal Defense Attorney

When working with a lawyer, tell them about your plan to postpone your original court date. Criminal lawyers know their way around legal issues in court and can get you a new court date without any action required by the court.

Contact the Court

You or your criminal defense lawyer can call the county court clerk several days before your court appearance date to explain why you want to postpone the date. The court clerk will tell you what is required of you and give instructions on time frames.

File Any Paperwork

Once you have talked to the court clerk, they will give you forms to complete. Ensure you fill out the forms and submit them on time. Follow the specific court guidelines to reschedule your court date.

Inform Your Bail Bondsman

You must inform your bail bond agent of your request for a new date. They want to ensure you are in good books with the court to get back your bail money.

Request a Continuance Beforehand

Contact the court through the clerk assigned to handle your case and explain why you must reschedule your date. Have your court date, case number, and other important information. The clerk will tell you how to fill out the forms and when you should return them.

After completing the continuance, follow up with the clerk a few days later to ensure that it was approved and that they rescheduled your court appearance date. Don’t miss your court date unless you receive a confirmation for cancellation of the original date and get a new date.

Request a Continuance in Court

You need to be in court on the set date to get a continuance. Please arrive early and neatly dressed. If you are early enough, you can talk to the court clerk and let them know your request for a continuance.

You also have the option to wait for your name to be called. You or your lawyer can ask for a continuance. The judge will ask for your reason for seeking continuance and will set a new date if your reason is valid.

Can You Postpone a Court Date section

Valid Reasons to Reschedule Court Date

Various reasons validate missed court appearance dates. Below is a list of some of the most important reasons for rescheduling court dates.

Issues With Trial Preparation

Sometimes, your witness may not be available to attend court on the set date, or they get an emergency. When this happens, the court can view this as a valid reason and allow a reschedule.

The defendant’s side might present new evidence that requires you to get clear insight from a new expert. If the evidence has come up recently, the court can grant your wish to schedule a new court date.

Health Issues

You can reschedule your court date if you, a family member, or your criminal defense attorney have a medical emergency or if you need to undergo high-risk surgery. However, the court is less accommodating of elective surgery.

Other Important Issues

Other vital issues can warrant the postponement of court dates. This is viable when you can justify the postponement a few days before the scheduled trial date. If you had planned for other matters like a state bar exam or getting married before you knew the court date, the court would most likely grant your request.

Court Date Keeps Getting Rescheduled

Court dates can be postponed multiple times without a problem. Criminal lawyers are experienced in this field and will advise you accordingly on your best options.

Rescheduling court dates while in police custody may keep you in jail longer. It is frustrating when your case keeps getting postponed. Rescheduling requests can come from the defendant, witnesses, or prosecutor. In some cases, the judge can request postponement in the interest of justice.

Sometimes the court keeps postponing the date if they can’t find a viable witness for your case. If this is the case, request the judge mark your case with “no further postponements.” Once the case is marked, the prosecutor can’t go on with the case, and the case must be dismissed.

Does Philip Kim Law Provide This Service?

 

Rescheduling court dates is a legal process and most legal processes are more easily handled with an experienced lawyer’s help. If you are facing criminal charges and need to reschedule the court date, it might benefit you to know the office of Philip Kim Law does not provide this service.

Valid Reasons to Reschedule Court Date

Frequently Asked Questions

Can You Reschedule a Court Date Online?

It would be best if you delivered your request for a postponement letter in person or appeared in court to explain yourself.

Can I Reschedule My Court Date Over the Phone?

You can call your county clerk or ask your lawyer to call them to explain that you want to reschedule your court appearance date.

What to Do if You Miss a Court Date?

If you miss your court date, you should take immediate action to avoid getting arrested. Failure to appear in court may lead to harsh consequences. Talk to your lawyer as soon as possible to help you get your next date.

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368 West Pike Street, Suite 203
Lawrenceville, GA 30046
(678) 203-6968
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