Benitez Family Law
Do I Have toGo to Court?
It depends on the charge. For many traffic citations, no. For DWI and most misdemeanors and felonies, yes.
When we can appear for you
- Traffic citations such as speeding, no operator’s license (NOL), and many driving while license revoked (DWLR) charges.
- Some minor offenses where the court accepts a signed waiver of appearance.
We confirm at the consultation whether your charge allows it.
When your presence is required
- DWI, at every date.
- Assault, domestic violence, and violation of a protective order.
- Drug possession and felonies.
- Any date the court has expressly ordered.
What happens if you do not appear
The court issues an arrest warrant for failure to appear. On traffic charges, it also reports the failure to the DMV and your license is revoked indefinitely until the case is resolved.
If you have already missed a date, contact us before doing anything else. The warrant can often be recalled when you appear with an attorney.
How to prepare for a court date
- Arrive 30 minutes early. The Wake and Forsyth courthouses have security lines.
- Dress simply and neatly.
- No phone in the courtroom. Any evidence on your phone must have been sent to the firm ahead of time; it is not reviewed in the courtroom.
- Do not discuss the case with anyone in the hallways.
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