Can I have a warrant removed and get a new court date if I missed court due to illness in NSW, Australia?

Question from Louise, Can I have a warrant removed and get a new court date if I missed court due to illness in NSW, Australia?

Answer from AI:

If you missed a court date in New South Wales (NSW), Australia due to illness and accidentally emailed the wrong court, you may be able to apply to have the warrant removed and get a new court date. However, this process can be complex and it’s important to act quickly.

Steps to Take

1. Seek Legal Advice: It’s crucial to consult with a legal professional as soon as possible. They can guide you through the process and help you understand your rights and obligations.
2. Provide Evidence: You will need to provide evidence of your illness and the email you sent to the wrong court. This could include medical certificates, email records, etc.
3. Apply to Have the Warrant Set Aside: You can apply to the court to have the warrant set aside. This is typically done by filing a form with the court.
4. Request a New Court Date: If the court agrees to set aside the warrant, you can then request a new court date.

Legal Considerations

Under the Crimes (Administration of Sentences) Act 1999 (NSW), a court may issue a warrant for your arrest if you fail to appear in court. However, the court also has discretion to set aside the warrant if you can show a valid reason for your absence.

It’s important to note that the court will consider various factors when deciding whether to set aside the warrant and grant a new court date. These may include the seriousness of your charges, your previous court attendance record, and the reason for your absence.

Legal Assistance

Legal Aid NSW provides free legal advice and can help you understand your options. You can contact them on 1300 888 529 or visit their website for more information.

Remember, this information is general in nature and does not constitute legal advice. It’s always best to consult with a legal professional for personalized advice.

Conclusion

Missing a court date can have serious consequences, but if you were genuinely unable to attend due to illness and can provide proof, you may be able to have the warrant set aside and get a new court date. It’s important to act quickly and seek legal advice to understand your options and navigate the legal process.