Failure to Appear in Maryland Court: Consequences and Remedies

There are serious legal consequences for missing a court date in Maryland. As a result, it is important to understand what it means not to attend a scheduled court appearance. Court dates are not optional. When someone fails to appear for a court hearing, it puts them in a position where the consequences of their actions, as well as the potential defenses for failing to appear, must be understood.

How is Failure to Appear defined under Maryland law?

Failing to appear for a court appearance (hearing or trial in most cases) is a criminal offense in Maryland. Legal notice must be provided to a party or other participant in a court proceeding via subpoena, notice, or summons. 

The law against missing a properly noticed court date applies to a wide range of legal matters, including: civil cases, criminal matters, traffic violations, probation or parole hearings. A bench warrant may be issued for your arrest if you miss a court date in Maryland. The state takes seriously missing a court date for which proper notice was provided. 

What are the consequences of failing to appear in Maryland?

A bench warrant may be issued by the judge whose court date was not attended. That arrest warrant allows a court to place you in custody, no matter where you are in the state of Maryland. Once arrested, you will continue to be in custody until a new hearing date can be arranged.  This is especially true in circumstances involving significant charges. 

A driver’s license suspension is a common consequence of having failed to appear at a hearing. Until your legal matter is resolved, you can expect that the license will continue to be suspended. Being denied the mobility that you have been accustomed to may be reason enough to attend your court hearing. 

Finally, consider that the failure to attend a court date is a crime that can remain on a person’s criminal record. A criminal record is part of a standard background search used by employers when applying for work. Additionally, attempting to rent at most apartment complexes means being subjected to a background search. 

What defenses are available regarding a Failure to Appear charge?

There are a handful of defenses that may be employed in a Failure to Appear circumstance:

• Improper or insufficient notice: A court summons was not provided to you at the correct address. However, a party must have sufficient evidence to prove this defense. 
• A valid or reasonable excuse: Was someone in jail when the notice was sent? Or was the party in the hospital? These are examples of situations that may lead a court to believe that you had no notice or awareness of the hearing that you did not attend.

Contact a Maryland failure to appear defense attorney today

Are you facing an arrest warrant for failing to appear at a recent court date? Don’t fight those charges alone. Contact experienced Maryland failure to appear defense attorney Cynthia Christiani today for a confidential consultation.