Can you be charged for violating a law that you had no reasonable means of following?

Question

For example, let's say you have a court order appear in court on a certain date. Prior to that time, you get into a car accident and fall into a coma. For not appearing in court, the judge issues a warrant for your arrest.

Can something like this example actually happen, or are there protections in the law for when there simply isn't an option for you to follow the law?

Little Princess · Answer

Unless the court is made aware of your coma state, they'll issue the arrest warrant. Once they become aware of your condition, they'll likely dismiss it. If they don't, you would have what's called a mitigating circumstance. But no judge in their right mind is going to hold someone responsible for not showing up to court while they're in a coma.

R T · Answer

Yes it can happen, however if the judge knows ahead of time he will probably be reasonable.  If the bench warrant is issued, if you appear with proof that you were incapacitated, the judge should let you off.

mikew19532004 · Answer

Once they find out your incapacitated they issue a postponement until your able to appear

Pepper, PhD · Answer

Yes, it happens.  The judge is not going to try to find out why you did not show up in court before issuing a warrant.  There would not be time.  However, when you came out of your coma and showed the reason you missed court, the charge would be dismissed.

? · Answer

That's a good question, look at it this way if there was a bank robbery and the robber got shot the police wouldn't arrest him and throw him to jail,they would obviously bring him to hospital first.So as far as I know they wouldn't issue a warrant for your arrest if you miss your court date due to medical conditions. I'm not too sure but I think that's it I could be wrong though I'm not a lawyer

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Can you be charged for violating a law that you had no reasonable means of following?

5 Answers