Nashville Criminal Defense Lawyer | Failure to Appear, Warrants and Set-Asides
Nashville Criminal Defense Lawyer & Former Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
Missing Court Can Lead to a Warrant
If you miss a required criminal court date in Nashville, do not assume the case will simply be reset automatically. Davidson County's Public Defender explains that a judge usually issues an arrest warrant, also called a capias, when a defendant misses a General Sessions appearance.
Tennessee law also requires a warrant when a defendant fails to appear in response to a criminal summons. The practical result is that waiting can turn a missed court date into an unexpected arrest later.
If a warrant or capias has already been issued, a Nashville Warrant Lawyer can determine which court issued it and the appropriate procedure for asking the court to recall it, set it aside, or arrange a controlled appearance.
What Should I Do First?
Act quickly. Confirm which case and court date were missed, determine whether a warrant has issued, and identify whether the case is in Davidson County General Sessions Court or Criminal Court.
If you already have an attorney, contact that lawyer immediately. If you do not, a criminal defense lawyer can review the court record and determine whether a set-aside procedure, surrender, or another response is appropriate.
Can a General Sessions Failure-to-Appear Warrant Be Set Aside?
Davidson County General Sessions Court publishes a formal process for requesting a Set Aside for Failure to Appear. The General Sessions Criminal Clerk's Office provides the warrant copy and set-aside form. The order then must be presented to a judge for signature.
The court's published instructions state that if Pretrial Services or a bonding company is involved, the defendant must obtain a signed statement agreeing to remain on the bond. After the judge signs the set-aside, the paperwork is returned to the clerk for a new court date and applicable set-aside costs.
Is the Set-Aside Automatic?
No. A set-aside request must be presented to the court, and the judge decides whether to sign it. Davidson County's local criminal rules also contain requirements governing set-aside orders and bond status.
Do not assume that simply obtaining a form cancels the warrant. The process must be completed and the signed order properly filed.
Does the General Sessions Procedure Apply to Criminal Court?
No. Davidson County's published General Sessions instructions expressly say that the described procedure applies to General Sessions cases only.
A missed appearance after indictment in Criminal Court, a probation-violation matter, or another procedural posture may require a different approach. The specific case should be checked before deciding what to do.
What If I Live Out of State?
Living outside Tennessee does not excuse a required Nashville court appearance. If you returned home after an arrest or citation and then missed court, the case remains pending unless the court took action resolving it.
An attorney can determine the current status, whether a warrant exists, and whether any future appearance can legally be handled without the defendant physically returning. Do not simply book a flight or walk into a surrender without first understanding the warrant and bond situation.
Can Missing Court Affect My Bond?
Yes. Failure to appear can create bond problems in addition to the warrant itself. If a bonding company or Pretrial Services is involved, their position can also matter when seeking a General Sessions set-aside.
Repeated failures to appear can make the situation more difficult. Addressing the first missed date promptly is generally better than allowing additional dates or warrant problems to accumulate.
What If I Missed Citation Booking Instead of Court?
Missing a Davidson County citation-booking date is a different problem from missing the court date. The Criminal Court Clerk states that a person who misses citation booking must seek an extension for failure to be booked and report to the MNPD Criminal Warrants Division or Davidson County Sheriff's Office Booking Division for a continuance of the booking date.
After citation booking is completed, the person receives a court date. The Sheriff's Office warns that citation holders must later appear in court or a failure-to-appear warrant will issue.
What Should I Avoid Doing?
Do not ignore the case, assume the warrant will expire, or rely on a friend to tell you whether the warrant is active. Do not contact the court pretending to be someone else or provide false information.
Instead, confirm the record, preserve any documentation showing why the appearance was missed, and address the warrant through the proper court procedure.
Talk With a Nashville Criminal Defense Lawyer
Kevin Kennedy is a former Davidson County prosecutor who now represents people charged with crimes in Nashville and throughout Middle Tennessee. If you missed a Davidson County criminal court date, Kevin Kennedy Law Firm can review the case status, determine whether a warrant has issued, and evaluate the appropriate next step.
Call Kevin Kennedy Law Firm at (615) 205-7311 to discuss the case.
Related pages: Nashville Warrant Lawyer and Failure to Appear.