Legal Question in Criminal Law in Colorado

Failure to appear at trial

my son missed his court date that was to be the start of trial, state vs my son. He is out on bond. WHat happens in this situation?

Asked on 1/25/05, 9:35 am

1 Answer from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Failure to appear at trial

When you fail to appear in court, whether for trial or anything else, the Court issues a "bench warrant" for the FTA (failure to appear). A BW is likely out there for your son. The sheriff or police will not go out of their way to arrest him. If they pull him over on a traffic stop, or he otherwise comes before the sheriff or police, he will be arrested, taken to jail, and brought before the court the next day. To get this warrant quashed, you need to get a new court date and show that he will be there. To do that, you'll need to post bond and/or get an attorney. Do NOT have him just show up at court unannounced. The warrant will be served and he may be arrested.

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Answered on 1/25/05, 10:49 am


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