What Happens If You Miss Your Court Date in Virginia?
Attorney Tyler Andrehsen addresses the question, What Happens If You Miss Your Court Date?
Missing a court date in Virginia can create very different problems depending on the type of charge you are facing. A missed court date for a traffic infraction may be handled very differently than a missed court date for a misdemeanor or felony charge.
In a recent video, Battlefield Law Group attorney Tyler Andrehsen explained that the severity of the charge matters. For a traffic infraction, the court may find you guilty in your absence. For a misdemeanor, missing court can be much more serious and may lead to a capias, which is commonly referred to as a bench warrant.
The safest answer is simple: if you have a court date, you should make every effort to go.
Can You Be Found Guilty If You Miss Traffic Court in Virginia?
Yes. If you miss court for a traffic infraction in Virginia, the court may still hear the case without you there. This is often called being found guilty in absentia, which means you were found guilty in your absence.
That can lead to consequences such as:
Fines and court costs
DMV points on your license
A conviction on your driving record
Possible insurance consequences
Missed opportunities to ask for a reduction or explain your side
Some people assume that if they do not show up, the case will simply be continued or dismissed. That is not a safe assumption. In many traffic cases, failing to appear may mean you lose the opportunity to explain what happened, ask for a reduction, or challenge the evidence.
What Does Guilty in Absentia Mean?
“Guilty in absentia” means the court found you guilty even though you were not present.
In a traffic case, this may happen if you fail to appear for your scheduled court date and the court decides to move forward without you. You may not be there to tell your side of the story, present documents, explain your driving record, or ask the judge for a different outcome.
For traffic infractions, this can be frustrating because the charge may feel minor at first. However, points, fines, and driving record consequences can still matter.
What Happens If You Miss Court for a Misdemeanor in Virginia?
Missing court for a misdemeanor is much more serious than missing court for a simple traffic infraction.
If you miss a misdemeanor court date, the judge has discretion over what happens next. In many cases, the court may issue a capias, which is a bench warrant for your arrest. That means law enforcement can take you into custody and bring you before the court.
Virginia law also treats willful failure to appear seriously. Under Virginia Code § 19.2-128, willfully failing to appear for a misdemeanor court date can be charged as a Class 1 misdemeanor. Willfully failing to appear for a felony court date can be charged as a Class 6 felony.
That means missing court can sometimes create a new legal problem on top of the original charge.
What Is a Capias in Virginia?
A capias is a type of court order that functions like a bench warrant. If a capias is issued, law enforcement may arrest you and bring you before the court.
This can happen when someone misses court for a criminal charge, violates a court order, or fails to comply with certain court requirements.
If you believe a capias may have been issued for you, it is important not to ignore it. The situation usually becomes harder to handle the longer it sits unresolved.
Is Missing Court Always Treated the Same Way?
No. What happens after a missed court date depends on several factors, including:
The type and severity of the charge
Whether the case involves a traffic infraction, misdemeanor, or felony
The judge and court handling the case
Whether this is your first missed court date
Whether there was a legitimate emergency or mistake
This is why it is important to speak with an attorney if you missed court or think you may not be able to attend.
Can You Skip Court If the Charge Seems Minor?
You should not skip court just because the charge seems minor.
Even a traffic infraction can lead to points, fines, and driving record consequences. A misdemeanor can lead to a capias, a possible failure to appear charge, and additional stress that may have been avoidable.
If you cannot attend court for a serious reason, it is better to address the issue before the court date when possible. Depending on the case, an attorney may be able to help you understand your options.
What Should You Do If You Already Missed Court in Virginia?
If you already missed your court date, do not ignore it.
You may need to find out:
Whether the court found you guilty in your absence
Whether fines or court costs were assessed
Whether DMV points or license issues may apply
Whether a capias or bench warrant was issued
What options may still be available
The sooner you address the missed court date, the better. Waiting can create more stress and may limit your options.
Why You Should Always Take a Virginia Court Date Seriously
Attorney Tyler Andrehsen’s takeaway is simple: you should always go to court.
Court dates matter. Even if the charge seems minor, failing to appear can lead to consequences that are more serious than people expect. For traffic infractions, you may be found guilty without being there. For misdemeanors, the judge may issue a capias. For more serious charges, the consequences can be even greater.
Showing up gives you the opportunity to be heard, protect your record, and understand what is happening in your case.
Missed a Court Date in Virginia? Battlefield Law Group Can Help.
If you missed a court date in Virginia, or you are worried about an upcoming court date, Battlefield Law Group can help you understand what may happen next.
Our attorneys handle traffic, DUI/DWI, reckless driving, and criminal defense cases throughout Northern Virginia. We can help you determine whether you were found guilty in your absence, whether a capias may have been issued, and what steps may be available.
Call 571-364-0500 to speak with Battlefield Law Group.
