Summary
- Serving on a jury is an important civic duty
- If you don’t show up, you could face fines, jail time and criminal charges
- If you can’t serve on a jury, contact the court or file a hardship claim
Serving on a jury can create serious hardships for some people. For others, it may simply be inconvenient. While it might be tempting to just ignore a jury summons, this is never a good idea. Missing jury duty can lead to fines, time spent in jail and other serious consequences — and if you’re truly unable to serve on a jury, the court may excuse you anyway. If you’re wondering what happens if you miss jury duty the first time, here’s a closer look.
What Happens When You’re Summoned for Jury Duty?
Being summoned for jury duty doesn’t automatically mean you’ll have to serve on a jury for the duration of a trial. When you report for duty, you must go through a process called “voir dire” (French for “speak the truth”). During this process, the judge (and possibly attorneys on the case) will question you to see if you’re suitable for jury service. Potential jurors may be excluded for reasons like these:
- Too much prior knowledge of the case
- A personal connection to someone involved in the case
- Any indication they won’t be able to follow the judge’s instructions
- Strong biases that may impact their ability to be impartial
If you’re selected, you must serve on the jury for the entirety of the trial. Jurors may determine the guilt or innocence of defendants in trials for DUI and other crimes, but they also may help decide lawsuit settlements in personal injury cases.
In some instances, the jury pool might be filled before you’re even questioned. When this happens, you may wait for a few hours (or several) before being dismissed.
What Happens If You Don't Show Up for Jury Duty?
Can you ignore jury duty? The answer is no. If you’re summoned for jury duty and don’t show up, you may face serious consequences. Those consequences can vary depending on your jurisdiction.
For instance, in some cases, you may not face criminal or civil penalties for missing jury duty the first time. Instead, the court may simply issue you a second summons. If you don’t show up for a second (or subsequent) summons, you’re more likely to face penalties like these:
Being Held in Contempt of Court
“Contempt of court” describes actions that interfere with the judicial process. Disobeying a subpoena or other court order, disrupting the proceedings of a trial and intimidating witnesses or jurors are common examples.
If you don’t show up for jury duty (and you had no legitimate cause for not showing up), you may be held in contempt of court. The judge on the case will decide whether you should face criminal or civil penalties.
Fines: How Much Is the Fine for Missing Jury Duty?
Often, those who don’t show up for court will face fines. Different court systems have different fines for skipping jury duty, but in general, you’ll be required to pay a fine of a few hundred dollars. In many jurisdictions, the fine goes up each time you fail to report for jury duty.
Jail Time: How Long Do You Go to Jail for Missing Jury Duty?
Some jurisdictions may sentence you to a few days in jail for missing jury duty. This isn’t always likely if you miss jury duty for the first time, but it’s best not to risk it.
What to Do if You Missed Jury Duty
If you’ve already missed jury duty, being proactive may minimize your risk of negative consequences. You should contact the clerk of court immediately to explain what happened and to ask for a new date to report for jury duty. When you demonstrate that you’re willing to serve on a jury and that you didn’t simply ignore a summons because you didn’t want to attend, the court may be less likely to assess fines and other penalties.
What if You’re Summoned and Can’t Make It?
While serving on a jury is, generally speaking, a civic duty, the courts recognize the fact that some Americans may have circumstances that prevent them from serving — or that would pose a hardship. If you have issues that may prevent you from serving on a jury, taking action ahead of time can help you avoid penalties.
If You Have a Conflict
If you will be on vacation during the trial or have another pre-existing conflict, contact the clerk of court as soon as you can. In many cases, they will reschedule your jury service to a time that works better for you.
If Being on a Jury Would Pose a Hardship
Many jurisdictions will accept hardship claims. These are essentially petitions stating that serving on a jury would be unreasonably difficult for you. People summoned for jury duty often submit claims for hardships like these:
- Being financially unable to miss work (like if you make far less than the average American income)
- Having a serious mental or physical health condition
- Recuperating from serious injuries
- Not having transportation
- Having caregiving obligations
If you have a hardship, you should make sure you have some kind of documentation for it. Unfortunately, some potential jurors may lie about hardships to get out of jury duty, so you should be able to prove your claim is a legitimate one.
What Happens if You Miss Jury Duty the First Time and Face Penalties as a Result?
If you missed jury duty and are now dealing with penalties like fines and jail time, an attorney may be able to help. You might not need an attorney in every case, but if you’re facing criminal charges, working with a lawyer is important. If you’re facing criminal penalties, you could end up with a criminal record that will follow you for the rest of your life.
At ConsumerShield, we’re here to make the process of finding and selecting an attorney as simple and streamlined as possible. We review your situation and match you with qualified legal professionals near you. For a free case review, fill out our contact form below.