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Apex Criminal Law Blog

Law Offices Of Wiley Nickel, PLLC


What Happens When I Want to Get a New Court Date, and the Judge Says No?

You may have had something come up, and couldn't get out of it. And it so happens that on the same day, you had to go to court. What will happen next?

Before any trials or motions, courts will first call the calendar, and make sure that everyone on the calendar is present. If you are not present, the court may put on your record an FTA, which is Failure to Appear. The court instead may decide to get an OFA, which is an order for arrest. But what if you are representing yourself and need to get your matter moved to another date? By missing court, an FTA or OFA can severely impact your case.

Let's say that you received a ticket for a traffic violation. If you are not present for your time slot in court when the calendar is called, the FTA may cause your license to be suspended. And if it has not been cleared up after 40 days, it is sent to the DMV. An FTA also has a fine of $200.

You can get the FTA stricken, but if you are representing yourself, that can be difficult for a few reasons. Judges want to have clear and concise reasoning as to why they need to get rid of an FTA, and in a situation where you represent yourself, that can be hard to explain. Court is already a nerve-wracking experience, and being there on your own is extremely difficult. Getting a lawyer to help you may provide a better chance at being able to get the FTA stricken and a new court date.

If you have any questions regarding rescheduling a court date, a lawyer may be able to help you argue for a new court date. The Law Offices Of Wiley Nickel can try to help you get a new court date, and try to help your interests. Call the Law Offices of Wiley Nickel for a FREE consultation at 1-(919)-585-1486. You can also email Attorney Kristi Haddock at kristi@wileynickel.com or Wiley Nickel at wiley@wileynickel.com, directly. 

Kristi Haddock