What happens if you miss court in Oklahoma depends on whether you are involved in a civil or criminal case.
In civil proceedings, if you are the plaintiff and miss court, your case is likely to be dismissed. Alternatively, if you are the defendant in these proceedings and do not appear in court, a default judgment could be entered against you.
Compared to other cases, if you fail to appear in court for an Oklahoma City criminal case, a judge can issue a bench warrant, which authorizes the police to arrest you immediately. At this point, a bail bondsman may be notified about the warrant, and this individual may attempt to locate you and return you to custody.
What Are the Consequences of Missing Court in Oklahoma?
As the plaintiff in a civil case, you lose the right to present your argument if you miss court. Because of this, the court may dismiss your case. If the defendant has filed a counterclaim, the court may decide on it without you.
If you are the defendant in a civil case and do not appear in court, you may be subject to a default judgment. As a result, you can lose your rights relative to your case. On top of that, you may incur financial penalties and have to cover the plaintiff’s attorney and court costs.
With a criminal case, missing a court appearance can result in the issuance of a bench warrant that allows the police to arrest you at any time. This means if the police find you at work, at home, or anywhere else, they can arrest you and hold you until your next court appearance. At this point, you will lose your freedom. On top of that, your arrest can cause you to lose your job, damage your relationships with family and friends, and result in other collateral consequences that affect you long into the future.
If you are a parent who does not appear in court for family court proceedings, you can be held in contempt of court. According to Oklahoma Statutes §21-566, those held in contempt with court orders involving children are subject to a fine of up to $500, imprisonment for up to six months, or both. In addition, being held in contempt can hurt your chances of maintaining custody of your children.
For those who miss a court date involving immigration status, the court may issue an in absentia removal order, which can lead to deportation. With this order, you can be deported without further notice. You may be ineligible for voluntary departure and other options for leaving the country. Even if you can engage in future legal proceedings, your decision not to attend a prior court date can damage your credibility in the eyes of the court.
In Oklahoma, wilful failure to appear in court for criminal proceedings is a misdemeanor crime. Per 59 O.S. § 1335, if you are convicted of this crime, you could receive a fine of up to $5,000 and a prison sentence of up to two years.
What to Do If You Miss Court in Oklahoma
Contact an Oklahoma City DPS attorney if you miss court in Oklahoma. If a default judgment or warrant was issued, your lawyer may get it vacated. They may also get your hearing rescheduled.
