How do traffic lawyers handle cases involving failure to appear in court for a traffic citation?

Posted on 11 September, 2024 by thomas wyatt

Traffic lawyer in New York handle cases involving failure to appear in court for a traffic citation by taking several key steps to resolve the legal consequences and minimize penalties. Here's how they assist:

1. Addressing the Failure to Appear (FTA) Warrant

• Lifting or Quashing the Warrant: If a warrant has been issued for failure to appear, the lawyer’s first step is to work on having the warrant lifted or quashed. This may involve filing a motion in court or negotiating with the prosecutor to resolve the issue without requiring the defendant to be arrested.

• Avoiding Arrest: By addressing the warrant quickly, the lawyer helps the defendant avoid being taken into custody, as an outstanding warrant can lead to arrest during routine traffic stops or at any point.

2. Explaining and Mitigating the Circumstances

• Justifying the Missed Appearance: A traffic lawyer can present valid reasons for the failure to appear, such as a medical emergency, confusion about the court date, or not receiving the summons. By providing a reasonable explanation, the lawyer may convince the court to reduce or waive penalties for the missed appearance.

• Requesting a New Court Date: The lawyer can request a new court date, allowing the defendant to address the original traffic violation without facing additional charges or penalties for missing the first appearance.

3. Minimizing Additional Penalties

• Negotiating Reduced Fines or Penalties: Failure to appear often results in extra fines, license suspension, or increased penalties. A lawyer can negotiate with the prosecutor to reduce or eliminate these additional penalties.

• Preventing License Suspension: In many cases, a failure to appear can lead to a driver’s license suspension. A Traffic lawyer New York can work to reinstate the license or prevent the suspension by resolving the underlying issues with the court.

4. Handling Court Representation

• Appearing on the Defendant’s Behalf: A lawyer can often appear in court on behalf of the defendant to handle the case, especially if the defendant is from out of town or has other circumstances that prevent attendance. This allows the case to move forward without further delay.

• Resolving the Original Traffic Violation: The lawyer will also address the original traffic citation, working to reduce fines, points, or other penalties associated with the violation.

5. Avoiding Criminal Charges

• Preventing Escalation: Failure to appear can sometimes lead to misdemeanor or contempt of court charges. A New York City traffic lawyer intervention can help prevent the case from escalating to a criminal matter, ensuring the situation remains a civil infraction.

Conclusion

Traffic lawyers handle failure-to-appear cases by lifting warrants, justifying missed appearances, minimizing penalties, representing the defendant in court, and resolving the original traffic violation. Their goal is to avoid arrest, prevent license suspension, and protect the driver from additional legal consequences.