Failure to appear in court—also known as “FTA”—is a serious legal issue that can lead to significant penalties, including arrest warrants, fines, license suspension, and even jail time. Whether you’re required to attend as a defendant, witness, or for jury duty, not showing up as scheduled can escalate your legal problems rapidly.
This guide breaks down everything you need to know about failure to appear, including legal definitions, consequences, and what to do if you’ve missed a court date.
What Is “Failure to Appear in Court”?
“Failure to appear” (FTA) refers to the act of missing a scheduled court hearing or trial without notifying the court or having a valid legal reason. It is considered a violation of court rules and often constitutes a separate criminal offense, depending on the jurisdiction and the nature of the original charge.
Types of Court Appearances You Can Miss:
Criminal hearings (e.g., arraignment, bail hearings, trial)
Civil proceedings (e.g., divorce, custody hearings)
Traffic court (e.g., citations or DUI)
Jury duty
Witness testimonies
Common Reasons People Miss Court
There are many reasons someone may fail to appear in court, but not all are legally acceptable. Some common examples include:
Forgetting the court date
Not receiving the court notice
Transportation issues
Illness or medical emergencies
Fear of legal consequences
Misunderstanding the seriousness of the appearance
Conflicts with work or personal obligations
While some of these may seem like reasonable explanations, courts may still consider the absence as willful noncompliance unless it’s proven otherwise.
Legal Consequences of Failing to Appear
The consequences of failing to appear vary widely depending on the type of case, jurisdiction, and whether it’s a first-time or repeat offense. Below are the primary legal outcomes:
1. Bench Warrant Issued for Your Arrest
A judge will typically issue a bench warrant if you miss a court date. This gives law enforcement the authority to arrest you at any time—at home, at work, or during a routine traffic stop.
2. Additional Criminal Charges
In many jurisdictions, Failure to Appear in Court (FTA) is itself a criminal offense. For example:
In California, under Penal Code §1320, failure to appear after being released on bail can lead to misdemeanor or felony charges.
In New York, failing to appear can result in a charge of bail jumping.
In Texas, it may be charged under Penal Code §38.10 as a Class A or C misdemeanor.
3. Bail or Bond Forfeiture
If you were released on bail or bond, missing court can result in forfeiture of that amount. This means you (or your bail bondsman) will lose the entire sum.
4. Driver’s License Suspension
Failing to appear in traffic court can lead to an automatic driver’s license suspension in many states. You may not even be aware of the suspension until you are pulled over.
5. Civil Penalties and Fines
In civil cases, Failure to Appear in Court (FTA) may result in default judgments against you. For example, if you fail to appear in a debt collection case, the court may rule in favor of the creditor by default.
6. Negative Impact on Future Legal Proceedings
Judges view failure to appear in court as a sign of irresponsibility or contempt. This can affect:
Bail or bond eligibility in future cases
Sentencing severity
Custody decisions in family court
What to Do If You Missed a Court Date
If you’ve already missed a court date, the worst thing you can do is ignore it. Here’s what you should do:
1. Contact the Court Immediately
Call or visit the court where your hearing was scheduled. Court clerks can tell you whether a bench warrant has been issued and may advise you on how to reschedule or resolve the issue.
2. Consult an Attorney
A lawyer can help you navigate the situation, especially if criminal charges or a warrant are involved. They can often arrange for a new court date or represent you during a surrender to minimize consequences.
3. File a Motion to Quash a Warrant
If a bench warrant has been issued, an attorney can file a motion to quash or recall the warrant. If granted, this removes the warrant and allows you to resolve the case in court without arrest.
4. Prepare a Valid Excuse
If you missed court due to hospitalization, natural disaster, or similar circumstances, gather documents (hospital records, police reports, etc.) that prove your absence was unavoidable.
How to Prevent Missing a Court Date
Prevention is always better than trying to fix a legal mistake. Here are some tips to avoid failure to appear:
Write it down: Record the date, time, and location of your court hearing in multiple places.
Set digital reminders: Use calendar apps with alerts.
Keep your address updated: Courts send notices by mail. If you move, inform the court immediately.
Check online dockets: Many courts have websites where you can look up your case status and dates.
Hire a lawyer: An attorney can keep you informed and may be able to appear on your behalf in some cases.
Failure to Appear in Different Types of Cases
Criminal Cases
FTAs in criminal cases are taken most seriously. A single missed date can turn a misdemeanor into a felony or result in revocation of bail.
Traffic Violations
While often considered minor, not appearing in traffic court can lead to license suspension, increased fines, and eventual arrest.
FAQs
Is failure to appear a felony?
It can be. For serious underlying charges, FTA may result in a felony, especially if you skipped court after posting bail.
Can you go to jail for failure to appear?
Yes. Jail is a common consequence, particularly if there’s an active warrant or if FTA is combined with other offenses.
Can I clear a bench warrant without going to jail?
In some cases, yes. If you act quickly and work with an attorney, the court may recall the warrant without jail time.
What if I didn’t know I had a court date?
Unawareness might be a valid defense if you didn’t receive proper notice. You’ll need to provide proof and may still need to attend a hearing to resolve the issue.
Conclusion
Missing a court date is not something to take lightly. Even if it’s due to a simple mistake, the legal system treats failure to appear in court as a serious violation that can lead to arrest, additional charges, and long-term legal consequences.
If you’ve already missed court, take immediate steps to address the issue—contact the court, speak with an attorney, and prepare to explain your absence. Proactively managing the situation can often reduce the severity of the penalties and help you avoid long-term complications.
By understanding your responsibilities and the potential consequences of missing court, you can protect your rights, your record, and your freedom.
