You face serious consequences if you fail to appear at a court hearing in your criminal case in Virginia. The judge could issue a capias warrant, which is a warrant for your arrest for failure to appear, and you may face additional criminal charges. However, you may be able to avoid these harsh consequences if you take action quickly after your missed court hearing and retain an experienced criminal defense lawyer right away.
Capias Warrant in Virginia: What You Need to Know
If you missed a scheduled court date in a Virginia criminal case, the judge may have issued a capias warrant for your arrest. Here’s what that means and what you should do next.
Key Takeaways
- A capias warrant is a warrant for your arrest issued when you fail to appear for a scheduled court hearing in a criminal case.
- Once a capias warrant is issued, you can be arrested at any time until you turn yourself in to the police.
- An existing bond can be revoked, which may mean being held in jail until your case is resolved.
- Missing a hearing can also lead to a separate failure to appear charge under Virginia law, a misdemeanor punishable by up to a year in jail or a felony punishable by up to five years, plus a $2,500 fine.
Penalties You Face for Failure to Appear at a Court Hearing
If a capias warrant is issued, you could be arrested at any time until you turn yourself into the police. Your bond may be revoked, which means that you may have to remain in jail until your criminal case is decided.
In addition, you could be charged with a separate offense for failing to appear at your court hearing under Virginia Code §19.2-128. This crime can be charged as a misdemeanor or felony. Here are the potential penalties you face:
- Misdemeanor. If you failed to attend a hearing in a DUI, reckless driving, or other misdemeanor case, you would be charged with a Class 1 misdemeanor. If convicted, you could be sentenced to up to one year in jail and a fine of up to $2,500.
- Felony. If you missed a court hearing in a felony criminal case, the charges against you would be more serious. You would be charged with a Class 6 felony punishable by up to five years in prison and a fine not to exceed $2,500.
Facing a Warrant Doesn’t Mean Facing It Alone
Finding out there’s a warrant for your arrest is frightening, especially when you’re not sure what to do next. Our criminal defense team can help you understand your options, work toward resolving the situation quickly, and stand by you every step of the way.
Schedule A ConsultationSteps You Can Take to Avoid the Harsh Consequences You Face
If you miss your court hearing, you make your criminal case more complicated. In addition to facing additional charges, the judge could sentence you more harshly for the original crime you were accused of committing if you are convicted.
Taking prompt action as soon as you realize you failed to appear in court can go a long way to avoiding these consequences. Here are two important steps you should take:
- Go to court or call the court clerk on the same day as your court hearing if at all possible. The judge could withdraw the bench warrant and schedule your court hearing for another day. Even if there is no longer a capias warrant for your arrest, you should plan to explain why you missed your hearing at your next court date.
- Call your lawyer if you have one or retain one immediately. If you have a good reason for not going to court, such as your car broke down or you had a medical emergency, you may be able to avoid being arrested or having additional charges brought against you.
Contact Our Criminal Defense Lawyers Today
Did you miss a court hearing in your criminal case? Are you facing criminal charges? At Tavss Fletcher, our knowledgeable criminal defense attorneys are prepared to build a strong defense strategy tailored to your situation. Whether you are seeking to have the charges dismissed, reduced to a less serious offense, or need representation after missing a court appearance, our team will work to protect your rights and pursue the best possible outcome. Contact our Norfolk office today to schedule your free consultation and learn how Tavss Fletcher can help with your criminal defense case.
Capias Warrants in Virginia: Frequently Asked Questions
A capias warrant is a warrant for your arrest issued when you fail to appear for a scheduled court hearing in a criminal case. Once it’s issued, you can be arrested at any time until you turn yourself in to the police.
Your existing bond can be revoked once a capias warrant is issued. That typically means you’ll be held in jail until your case is resolved, rather than released while the case moves forward.
Yes. Under Virginia Code Section 19.2-128, failing to appear is its own criminal offense. If your original case was a misdemeanor, you could face up to a year in jail and a $2,500 fine; if it was a felony, up to five years and the same fine.
Contact the court clerk the same day you learn of the missed hearing. In some cases, the warrant can be withdrawn and the hearing rescheduled. You should also retain an attorney right away to present the court with mitigating circumstances.
It can. Courts may be more lenient if you had a legitimate reason for missing your hearing, such as a car breakdown or medical emergency. An attorney can help present those circumstances effectively and work toward resolving the capias warrant.
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