Criminal Matters FAQs
Do I have to show up for my court date?
Only under limited circumstances is a defendant not required to show up to their court date. Unless notified otherwise by your attorney, you should always plan on being present at your court date. This will likely avoid the Court issuing a failure to appear or an order for your arrest.
What should I do if I miss my court date?
If you miss your court date, it is important that you attempt to "strike" the Failure to Appear or Order for Arrest that has almost certainly been issued against you. Having such things issued against you can have negative consequences ranging from revoking your privilege to drive to allowing the police to arrest you and take you into custody.
If my case is dismissed or I am found 'not guilty' at trial, is there still evidence of my arrest?
It is a common misperception by defendants that when their case is dismissed, or they are found 'not guilty' after a trial, that there is no record of their arrest or criminal charge. This is simply not true. In order to ensure a 'clean' criminal record, with no indication of a past charge, one must go through what is called the expunction process. Not everyone is eligible for an expunction so it is important to hire an attorney familiar with the expunction laws and requirements.
Will I go to jail if I am convicted of my charge?
The answer to this question will depend on several factors including, but not limited to, the type of criminal charge, your criminal history, and the severity of the crime. It is always important to discuss the various possible outcomes of a criminal conviction with your attorney at the outset of the attorney-client relationship.