Missed a Court Date Lawyer Greensboro NC
Missed court dates are just something that happens. And when it does you need an experienced missed court date lawyer in Greensboro NC to help fix this issue. Courtrooms across North Carolina continue to operate despite the pandemic, snowstorms and what have you and our missed court date lawyers in Greensboro NC are here to help you.
North Carolina courthouses have both District Court and Superior Court cases. If you have a pending court date in North Carolina it should show up on the North Carolina court system website.
If you want to look up your pending court date and the courtroom and your case is located in, click the button below:CHECK MY COURT DATE ONLINE
Why Doesn’t My Court Date Show Up?
If your court date doesn’t show up on the North Carolina Court System website, this could be due to a number of reasons. Some times the clerk’s office will move a case because the docket is to heavy for your particular court date. If you have a Superior Court Criminal Case, your court date will not show up until a superior court calendar has been filed with your name on it. Superior Criminal Cases do not always have pending criminal court dates, so the Greensboro courthouse will advise you to contact the clerks office every Friday to check if a calendar has been filed with your name on it.
Another reason your court date may not show up is you missed court. For some cases when you miss court, a judge will issue an order for arrest.
What is an Order for Arrest?
An order for arrest, is an order that allows a judge, magistrate or law enforcement officer to take a person into custody. The reasons for an order for arrest are:
- Missed Court Date – if you miss court for a misdemeanor or a felony charge, a judge will issue an order for arrest. Typically they will pre-set your bond on the court date that you missed.
- District Court Missed Court Date – in Greensboro District Court, a judge will issue an order for your arrest the same day you missed court. Meaning if you have court on Tuesday, either you or your attorney will need to be present. Some judges issue orders for arrest at lunchtime and others issue orders for arrest for people who missed court at the end of the day. If you miss a district court date for a misdemeanor charge, it’s vital that you contact our top rated missed court date lawyers in Greensboro NC.
- Superior Court Missed Court Date – in Guilford County Superior Court, the system operates differently than District Court. Some Superior Court Judges will issue orders for arrest at docket call, others during the afternoon of the Superior Court session you’re supposed to appear. The difference between District and Superior Court is that a Superior Court Session lasts an entire week whereas a District Court session is just for that day. A lot of times if a person facing felony criminal charges contacts us the same week they missed court, we can assist with them preventing an order for arrest by having them show up with us in that Superior Courtroom the same week. Once an order for arrest is in ordered in Superior Court, the bonds are a lot higher than a District Court bond, because District Court bonds are for misdemeanors and Superior Court bonds are felonies.
I have an Order for Arrest for Missing Court, what can a missed court lawyer do for me?
If you have an order for arrest for a missed court date, take a deep breath our Greensboro Order for Arrest lawyers can help you. The only way to remove and order for arrest is to recall the order, which mean to remove the order for arrest and set a new court date. There are two ways for our missed court date lawyers in Greensboro to get this done:
- Agreement from the District Attorney and Judge – the first step our missed court date lawyers will take is to see if they can recall the order for arrest by meeting with the District Attorney assigned to your case. It’s a little different for District Court and Superior Court charges:
- Misdemeanor Charges in District Court– fortunately in District Court, your case is typically not assigned to a District Attorney and we can have it recalled by any assistant District Attorney as long as the court date you missed is for a misdemeanor criminal charge. However, if it’s a felony criminal charge, the case will have been assigned and that means the specific District Attorney who has been assigned to your case would need to consent to the recall the order for arrest for it to be recalled, or another words recalendared and the order for arrest removed.
- Felony Charges – Felony charges in Greensboro NC are assigned to a specific district attorney. When a case is assigned that means that specific district attorney will need to agree to our request to recall the order for arrest in order for it to be recalled. If they won’t then will have to go about the method below that doesn’t involve an agreement.
- After a DA has agreed to the recall we will then need them to sign off on a recall of an order for arrest order our OFA lawyers in Greensboro have prepared so that you can have the order for arrest removed and a new court date set. After they’ve agreed we will then need to have a District or Superior Court Judge to sign off on the recall, which will allow for the order for arrest to be removed and a new court date set.
Recall Order for Arrest Lawyers Greensboro NC
- District Attorney Won’t Agree to a New Court Date – In some situations a District Attorney won’t agree to recall a court date, those reasons are as follows:
Why won’t the DA agree to recall my Order for Arrest?
- Person charged has missed court too many times. If you’ve missed court two or three times for the same case, some District Attorneys will be reluctant to recall the order for arrest and give you a new court date because they’re worried you won’t show up to court. Our Recall Lawyers will explain to the District Attorney with our involvement that we will further assure your appearance in court, but some times they still won’t agree.
- Person has too many charges – the two things a judicial official and a District Attorney look at when deciding whether or not to recall an order for arrest are is the person a flight risk? And is the person a danger to the community. If you have too many criminal charges, these would mean you keep picking up new charges while on pre-trial release, and then a District Attorney may be reluctant to agree to recall the order for arrest because they’re worried you will commit new crimes.
- Victim in the case has told the DA’s office they’re afraid of you – In North Carolina, the victim rights act plays into an attorney in Greensboro’s decision to recall an order for arrest. If a victim has told the DA’s office they’re afraid of you or worried you may commit more crimes against them or someone else, a DA may not be willing to consent to recall the order for arrest.
- Recall Order for Arrest Hearing – When a District Attorney won’t agree, our Recall an Order for Arrest Lawyers are not allowed to make the request of the judge without the District Attorney. This would be called ex-parte communication which isn’t allowed. At this point, our recall lawyers in Greensboro would then need to set a hearing date to Recall the Order for Arrest. At this court date you will typically need to be present, so we can show the court you will in fact, come to court. These hearings are always a little nerve-racking for everyone involved, because if the judge doesn’t recall the order for arrest, then the judge at the end of the hearing will take you into custody and you will be served with the judicial order. This is typically our recall order for arrest lawyer in Greensboro’s last ditch effort to keep you from being arrested and going into custody. Before we have this order for arrest hearing, our recall attorneys in Greensboro NC will assist you with lining up a bondsman in case you need to bond out. To find out more about bonds and motion click here: How do Bonds Work?
I didn’t miss court, but have an Order for Arrest, why else could this be?
- New Criminal Charges – if a detective has investigated your case, or witnessed a crime, a law enforcement officer may issue a warrant for your arrest. This is different than an order for arrest, in that this is issued by a law enforcement officer, whereas an order for arrest is issued by a judicial official. If you have new criminal charges, it is imperative you speak with our criminal lawyers Greensboro NC today as we need to create a plan and quickly. If these charges are unserved, then we need to make a plan as to how to be served with them. Things to be cautious about:
- Firearm Hold – if you are out on pre-trial release for a crime of violence, or a crime involving a firearm, you could run the risk of receiving a firearm hold and no bond will be set. It’s vital that you speak with our criminal lawyers in Greensboro before turning yourself in this situation, because you may not be able to get back out. Our bond motion lawyers in Greensboro will do everything they can to assist you with getting a bond set with a magistrate, judge and file a bond motion if need be.
- Probation Violation Hold – if you’ve committed a violent crime on probation, or committed too many crimes, a probation officer may seek a probation hold which will also result in no bond. Be careful in this situation, because you may think you’ll get a bond for the probation violation and when you don’t you end up being stuck in custody. If you’re being held on a Felony Probation Violation, a district court judge will not be able to address your bond at first appearance, but rather you will have to wait to go in front of a Superior Court Judge for your probable cause hearing. It’s important to be aware, that a probable cause hearing is not a bond motion, and to hear a bond motion for a felony probation violation it will have to be filed and heard the week probation violations are heard in Guilford County.
- Domestic Hold – if the charges stem from a domestic relationship, you may be held on a domestic hold and have to wait to go in front of a judge before having a bond set. If you’re aware of domestic violence charges, contact our domestic violence lawyers immediately so we can help you get out and not lose your job.
- Violation of Conditions of Pre-Trial Release – any time you’re out on bond, a magistrate or judge will give you conditions of release. Some times this involves reporting to court services, sometimes you are not to have contact with someone in the case, sometimes you are given a curfew or an electronic monitor. These are conditions ordered by a judicial official and if you violate any of these conditions they can re-arrest you and bring you to court for violating those conditions. Our Greensboro criminal lawyers are here to help you with these situations if you or someone you know has a pending violation of pre-trial release case. If you need to check with Pre-Trial Services of Court Services in Greensboro NC, click here:COURT SERVICES INFORMATION
- You also are on Probation or Parole at the time of receiving new criminal charges: If you’re out on probation or parole, it’s always a good idea to speak with our criminal defense lawyers in Greensboro NC about how this process works because you run the risk of two bonds. One for the new pending charges, and then you could be violated on probation and given another bond. This second bond could come as a surprise, especially if your probation officer waits until you’re about to bond out. You could very well be processing to leave the jail and then your probation officer serves you with a probation violation which then gives you another bond. If you have new unserved criminal charges and are on probation, please speak with our Greensboro criminal defense lawyers today so we can assist you with a strategy to protect your rights.
At Garrett, Walker, Aycoth & Olson, Attorneys at law, our law firm is devoted to helping clients with all sorts of criminal charges and situations involving the criminal justice system. If you or someone you know has missed a court date and needs help, or has new pending criminal charges, contact our top rated criminal lawyers today!