Can You Go to Jail for a Criminal Summons?
If you’ve recently been served with a criminal summons, you may wonder if you must go to jail. A criminal summons provides an alternative to getting arrested and charged with a crime. However, you should treat a criminal summons seriously. Failing to appear in court on the date and time listed on the summons may result in the police arresting you and holding you in jail until you can appear to resolve your criminal charges. Consequently, you can best protect your rights and interests by consulting with a criminal defense attorney as soon as possible after you receive a criminal summons.
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Introduction to Criminal Summons
A criminal summons is a court order that obligates an individual to appear at a specific date and time to face criminal charges. Courts will issue criminal summonses after prosecutors charge a person with a crime, but police have not yet arrested the person. When prosecutors file a criminal complaint against an individual, a magistrate judge will review it and determine if it establishes probable cause to believe that the individual committed the charged crime(s). If the magistrate finds probable cause, they will issue a criminal summons.
Service of a criminal summons may occur through a police officer or another individual appointed by the court. The officer serving the criminal summons may hand the summons to the charged defendant or leave it at the defendant’s residence with a person of suitable age and discretion.
A person who ignores a criminal summons may face significant consequences. First, the court that issued the summons may issue a bench warrant. A bench warrant authorizes law enforcement to arrest you anytime to bring you before the court to resolve your criminal charges. In rare cases, a court may proceed with your criminal case without you present, a process called an ex parte proceeding. In an ex-parte proceeding, you will not have the ability to present a defense. You may face a conviction and criminal sentence, including jail/prison time, probation, fines, fees, or restitution obligations. The court may also consider failing to appear following a criminal summons as a negative factor in determining a defendant’s sentence after conviction.
Key Elements of a Criminal Summons
A criminal summons must include several elements, such as:
- The date of issuance
- The defendant’s name
- A directive ordering the defendant to appear in court
- The scheduled date and time when the defendant must appear in court
- A brief description of the defendant’s charge(s)
- The name and signature of the magistrate judge who issued the summons
Differences and Similarities: Criminal Summons vs. Civil Lawsuit
Courts also issue summonses in civil lawsuits. Like a criminal summons, a civil summons informs a person that another party has filed a lawsuit against them. A person who has become a defendant in a civil lawsuit will receive the summons and a copy of the complaint filed in the lawsuit. A sheriff or private process server can serve a civil summons. A civil summons will include information such as:
- The caption of the lawsuit
- The defendant’s name
- The court presiding over the lawsuit
- The time limit for the defendant to file an answer or initial motion or to appear in court to respond to the lawsuit
- Instructions for how the defendant can respond to the complaint
Civil summonses have several differences from criminal summonses. Failing to appear in court or respond to a civil summons does not impose criminal consequences. A defendant can choose to ignore a civil summons. However, failing to respond or appear in court after receiving a civil summons may lead to the plaintiff filing a motion for default judgment in the civil lawsuit. If the court grants the motion, the defendant will have lost the lawsuit and become liable to pay the judgment issued by the court or follow other provisions of the judgment, such as an injunction.
Procedures Following Receipt of a Criminal Summons
After receiving a criminal summons, you should take prompt action to prepare to face criminal charges, including:
- Read the summons carefully to know when you need to appear in court, what court you must go to, and understand what criminal charges you face.
- Begin collecting evidence relevant to your criminal charges, including alibi evidence or names of witnesses who may have favorable testimony.
- Talk to a criminal defense attorney to better understand your charges and what to expect when you go to court. You have the right to have your attorney with you when you appear in court.
- Remember to attend your scheduled appearance. Failure to appear in court may result in additional criminal consequences.
Following receiving a criminal summons, you will need to appear in court for your initial hearing or arraignment. At this appearance, the prosecution will present the charges against you. The court will explain your charges and ask you for your initial plea. If you plead not guilty at your initial hearing or arraignment, you can later switch your plea to guilty if you negotiate a plea deal with the prosecution.
The court will also explain your rights as a criminal defendant, including your right to legal counsel. The court may ask you if you have already obtained legal representation, if you intend to do so, or if you cannot afford an attorney and need the court to appoint one for you. At the end of the initial hearing, the court will schedule one or more preliminary hearings or set a trial date.
Seeking Legal Assistance for Criminal Summons Cases
Have you received a criminal summons? If so, you must appear in court to handle your criminal case – and hiring experienced legal counsel can help you prepare a compelling defense and effective legal strategy to fight your criminal charges. Contact De Castroverde Law Group today for a confidential consultation with a knowledgeable criminal defense attorney to discuss your legal options for pursuing a favorable resolution to your criminal summons.