Know Your Rights: Missed Court Date in Minnesota
If you missed a court date in Minnesota, the judge most likely issued a bench warrant for your arrest. Do not panic. You have options, and acting quickly gives you the best chance of a good outcome.
Your Rights
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Calling the court will not get you arrested. Court staff will give you information about your case and tell you what to do next. They handle missed court dates regularly.
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You can often resolve a warrant without being arrested. By appearing at the courthouse voluntarily, you may be able to see the judge and have the warrant cleared without going to jail.
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You have the right to a lawyer. If you are facing criminal charges and cannot afford an attorney, you may qualify for a free public defender.
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A bench warrant does not expire. The warrant stays active until you resolve it. The longer you wait, the more likely you are to be arrested at a traffic stop, at home, or at work.
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A genuine emergency may excuse your absence. If you missed court because of a hospitalization, accident, or other emergency, bring documentation. The judge may excuse the absence.
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In civil cases, you may have 30 days to fix a default judgment. If a judgment was entered against you because you missed a civil hearing, you may be able to file a motion to vacate it.
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Failure to appear can be a separate criminal charge. For felony cases, failure to appear can be charged as a felony under Minn. Stat. § 609.49 . For misdemeanor cases, it can result in additional fines.
What to Do
- Call the court right away. Contact the court administrator in the county where your case was filed. Ask about your case status and what steps to take.
- Contact a lawyer. An attorney can arrange a voluntary appearance, file a motion to cancel the warrant, and argue for lower bail.
- Appear voluntarily. Go to the courthouse during business hours and tell the clerk you have a warrant. Judges treat people more favorably when they come in on their own.
- Bring identification. Have a valid photo ID and any court paperwork you have when you go to the courthouse.
- Be prepared to post bail. The court may require you to post bail before releasing you. Call the court administrator ahead of time to ask about the bail amount.
- Do not miss your rescheduled hearing. Set multiple reminders. Missing court a second time leads to much harsher consequences.
Important Deadlines
| Deadline | What It Means |
|---|---|
| Immediately | Contact the court or a lawyer as soon as possible after missing your court date |
| 30 days | In civil cases, you may have 30 days to file a motion to vacate a default judgment |
| New court date | After the warrant is resolved, you will get a new hearing date – do not miss it |
Get Help
Mid-Minnesota Legal Aid
Southern Minnesota Regional Legal Services
Volunteer Lawyers Network
LawHelpMN
For more detail: See our full guide on What to Do If You Missed a Court Date.