Bad Weather: Do I Have to Come to Court?
As discussed in an earlier blog entry on our site, it is never a good idea for a criminal defendant to miss a scheduled court appearance. A general rule that criminal defendants should follow is that unless your attorney has informed you that you do not have to be in the courtroom, you should make every possible effort to be there for your court date. Sometimes, however, it is simply not possible to be in attendance, whether it be weather-related, illness-related, or for some other good reason.
When you are unable to make it to a scheduled court appearance, the first thing you should do is contact your attorney, let him or her know that you will not be able to make it to court, and provide any necessary documentation that will prove to the court that you were unable to make it. When defendants fail to appear for scheduled court dates, the court can issue a capias at its discretion, which authorizes local law enforcement to arrest the defendant and bring them before the court to make his or her scheduled appearance. Where the absence is due to the fact that a legitimate illness or another circumstance, such as being in custody in another location, has caused the defendant's absence, the court will often hold off on issuing a capias and allow the defendant to appear at a later date. Where the absence is weather-related, however, the situation is a bit trickier.
If the courthouse is open and all of its employees are working in inclement weather, they will probably expect the criminal defendants to be there as well. Where weather conditions prevent a defendant from being in attendance, he or she should inform their attorney as soon as possible so the court can be notified ahead of time that the defendant will not be in attendance. If the court feels the absence is legitimate, it will usually grant the defendant a continuance and will forego issuing a capias to force the defendant to come to court that day. Whether the court is gracious in this circumstance may depend on where the defendant lives, what type of hearing is scheduled that day, and how the court is notified of the defendant's absence. The safest route for Tennessee criminal defendants is to have the assistance of a competent Knoxville criminal defense attorney who can stay on top of the situation and advise the defendant as to the best course of action in any situation.
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