Some of the most frequent reasons people miss a court date are these:
- Inability to miss work. People often assume that missing a court date isn’t a big deal and that it can simply be rescheduled, but that missing work could cost them a job that’d leave them unable to care for their family at all.
- Lack of childcare. It’s a tough call to make, but when an individual doesn’t have childcare and can’t bring a baby to court, they may opt to skip the court date and hope to reschedule.
- A family emergency. Perhaps a loved one suffered a health crisis and is in the hospital, and the individual missing a court date was that family member’s main contact.
- Unforeseen barriers, such as a car accident on the way to court.
What happens when you miss a court date:
When an individual misses a mandated court date after an arrest, they generally have 20 days to contact the court and reschedule. It’s not a scenario to be taken lightly, because even if rescheduled the court will take note of the fact that the individual has missed a session.
That may make the judge or assistant district attorney less willing to grant leniency going forward.
Another consequence of missing the court date is that the bail amount, which would have been refunded upon meeting the court date, is now held by the court. The bail bondsman is now on the hook for the total amount, which becomes an additional concern for the individual who missed the court date.
When that window for resolution passes, the court will issue a failure to appear charge, which has a few consequences:
- Additional fines – up to $200
- Additional jail time – up to 120 days
- There can be an eventual warrant for the person’s arrest.
- The DMV will suspend that person’s license until the failure to appear is resolved.
Also note that while the court will often wait 20 days from a missed court date to issue a failure to appear charge, sometimes the court will issue it immediately upon missing a court date. Because of this, one should never count on having that additional time.
If you think you might miss a court date, communicate early and in advance.
Options After a Failure to Appear
Most of the legal consequences of missing a court date are a last resort — even for the court. When an individual communicates promptly, takes responsibility, and cooperates fully with the court it can avoid most of the serious consequences, such as fines and warrants.
In some cases, by being prompt and earnest with the court the date will be rescheduled and the judge may strike the failure to appear from the record.
This is more likely if a warrant for arrest has not yet been issued, and if the reason for missing the court date is something that can be documented, such as a loved one being in the hospital or being in a traffic accident that prevented driving to the court that day.
Promptness also maintains the relationship with the bondsman. After all, since a bondsman is responsible for that individual and the bail amount, each time an individual misses a court date it makes any bondsman less and less willing to be involved.
By the second or third missed court date, generally no bondsman will take the case and that person is entirely on their own. No one wants to be in that scenario.