With everything going on it your life it’s understandable. The consequences of missing your court date vary depending on the jurisdiction and your pending charge. For a lesser offense, such as a speeding ticket, it typically results in the judge finding you guilty and imposing a fine. For more serious crimes, such as Reckless Driving charges, it can cause the commonwealth to charge you with Failing to Appear, which is an additional Class 1 Misdemeanor offense. This charge will go on your Criminal Record and may result in jail time.
Under Virginia law there are two options to try to deal with a missed court date. The first is a motion to reopen. You have 60 days from your conviction date to ask the original court and judge to rehear your case. The second option is to appeal the charge to the circuit court. You have 10 days from your original court date to appeal it. Once the appeal is filed, a different judge in a higher court will hear your case and decide the outcome.
The judge has the sole discretion in granting motions to reopen. There is no promise that he will rehear your case. However, your right to an appeal is guaranteed as long as it is filed within the 10 day period. Each judge and jurisdiction is a little bit different.
Don’t be convicted of a Criminal Offense just because you missed your court date. If you missed your court date you should strongly considered consulting an experience traffic attorney. Call us today to discuss your options 804-325-1697
