Legal Question in Criminal Law in North Carolina

Failure to appear in criminal court

If you fail to appear in criminal court after three times and a "bench warrant" has been issued what is the procedure on this? Also, what type of punishment is the norm? And Would this have an effect on a child custody case?


Asked on 12/20/97, 9:02 am

1 Answer from Attorneys

Cynthia Carroll Cynthia Y. Carroll, P.A.

bench warrant for FTA

The bench warrant is an order from the judge for your arrest for failure to appear in court. You are likely to be picked up by the police/sheriff. The magistrate/judge will post bond and you will be given a new court date. At your new court date, both the underlying ofense and the failure to appear will be adjudicated. You will be fined for the failure to appear. Your failure to appear certainly shows the court that you have little respect for the Court, and will not endear you to the court. It will show up on your record, if the opposing attorney should request a copy. District Court judges serve in both criminal and civil court, so there is a possibility that you could get the same judge for both proceedings.

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Answered on 12/22/97, 11:34 am


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