FAQ

Missed your court date?
Get answers.

Plain answers to the questions NC residents ask most about missing court — from a licensed North Carolina attorney with over 30 years of courtroom experience.

When you miss a court date in North Carolina, the judge marks your case "Called and Failed" and may issue an Order for Arrest — commonly called a bench warrant. Your driver's license can also be suspended by the DMV. The good news: these consequences can usually be addressed quickly by filing a Motion to Strike Called and Failed, which is exactly what we do.

Not always, but often. Whether a judge issues an Order for Arrest depends on the charge type and the judge's discretion. For traffic infractions, a warrant is less common but still possible. For misdemeanors, an OFA is more likely. If a warrant has been issued, we can move to recall it at the same time we file the motion to reset your court date.

There is no hard deadline, but the sooner you act the better. The longer you wait, the higher the risk of a traffic stop leading to an arrest on an active warrant, or your license being suspended. We recommend taking action within days of missing court — not weeks or months.

Yes. For most traffic and misdemeanor cases in North Carolina, your attorney can file the motion and appear on your behalf. You typically do not need to be present for the motion itself. This is one of the primary benefits of hiring an attorney — you avoid taking time off work or traveling to the courthouse.

This is the formal legal document filed with the court to reset a missed court date in North Carolina. It asks the court to "strike" the Called and Failed notation from your record and set a new date. The motion must state good cause for why you missed court. Attorney Daniel T. Barker has filed hundreds of these motions across North Carolina's district courts.

An Order for Arrest — sometimes called a bench warrant — is issued by a judge when a defendant fails to appear. It authorizes law enforcement to arrest you. Unlike a criminal arrest warrant, an OFA is civil in nature in most traffic and misdemeanor cases, but it still means you can be taken into custody during a routine traffic stop. Address it quickly.

Yes, this is common. The NC DMV can suspend your license for a Failure to Appear on a traffic charge. You may not receive notice before the suspension takes effect. Once the court date is reset and the matter is resolved, the DMV suspension can typically be lifted. We flag this issue when we review your case.

ResetMyCourtDate.com charges a flat fee of $350 for most cases. No hourly charges, no hidden fees, no surprises. The $350 covers our review of your case, drafting and filing the motion, and attorney representation. Court costs and any underlying fines on your original charge are separate and paid directly to the court.

Technically yes — but it requires you to appear in person at the courthouse, find the right courtroom, and ask the clerk or judge to reset the date, while potentially having an active warrant. Most people find it easier, faster, and safer to have an attorney handle it. For $350, you avoid the courthouse entirely.

Good cause — such as a medical emergency, family crisis, or documented conflict — strengthens your motion significantly. When you complete our intake form, tell us exactly what happened. We include that explanation in the motion. Courts are generally receptive to legitimate reasons, especially when the motion is filed promptly.

It is possible but increasingly difficult. Courts have discretion, and repeated failures to appear are viewed unfavorably. If this is not your first FTA on the same case, be upfront with us on the intake form. We can still often help, but we need the full picture to give you an honest assessment.

Once the motion is filed, courts in most NC counties schedule a new date within a few weeks to a couple of months depending on the county's docket. We monitor the case and notify you when a new date is confirmed. In urgent situations — such as an active warrant affecting employment — we can sometimes request an expedited hearing.

An active Order for Arrest can appear in background checks and is visible to law enforcement. Once the OFA is recalled and the underlying case is resolved, it generally no longer appears as an open warrant. The original charge and its disposition remain on your record. If expungement is a goal, that is a separate process we can discuss.

We handle missed court date cases across all 100 North Carolina counties. We have significant experience in Wake, Mecklenburg, Guilford, Forsyth, Durham, Cumberland, Buncombe, and surrounding counties. No matter where in NC your case is, complete our intake form and we will let you know if we can help.

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