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Failure to Appear

Failure to Appear in Court: Causes, Consequences, and Defenses

Missing a court date can happen to anyone. You get busy, lose track of time, or simply forget that you had an appointment with the judge. While it’s easy to miss a date, the consequences of failing to appear (FTA) in court can be severe. This article will cover the common causes of failure to appear, the typical penalties, and some possible defenses if you miss your day in court.

Why People Miss Court Dates

There are many reasons why someone might miss a scheduled court date. Here are some of the most common:

• Forgot the date – Court dates are often scheduled weeks or months in advance. It’s easy to forget about a court date when it’s so far in the future. Lots of people simply forget they had an appointment and miss it unintentionally.
• Mixed up the time – The court usually sends a notice with the date and time of your hearing. It’s not uncommon for people to mix up the time and show up several hours late, only to find out the hearing is already over.
• Couldn’t get time off work – Some employers won’t allow time off for a court appearance. If it’s a choice between keeping your job or going to court, many will choose work over the hearing.
• No transportation – Making it to the courthouse can be difficult if you don’t have a car or access to public transit. Not being able to find a ride is a common reason people miss court.
• Afraid of the outcome – Some people worry that they will be punished harshly or sentenced to jail, so they avoid going to court altogether. Of course, skipping court only makes the situation worse in the end.
• Just didn’t want to go – Let’s face it, nobody wants to go to court. Some people blow off the hearing simply because they don’t feel like going. Needless to say, this is never a good idea.

Consequences of Failing to Appear

The penalties for missing a court date depend on why you were supposed to appear. In general, the consequences usually include:

Criminal Cases

If you miss court for an ongoing criminal case, the judge will likely issue a bench warrant for your arrest. That means the next time you have contact with police, you will be arrested on the spot. The court can also charge you with contempt of court or obstruction of justice, which are additional crimes.

You will be brought before the judge in handcuffs to explain why you failed to appear. Your bail will be revoked, so you will sit in jail until your case is resolved. In the end, you’ll still have to face the original charges against you plus any new ones.

Traffic Tickets

For minor traffic violations, the penalty is usually a fine for failure to appear, generally $100-$300 depending on the court. The judge will also suspend your driver’s license until you take care of the original ticket. You’ll still need to resolve the original traffic violation as well.

If you miss court for a DUI or reckless driving charge, it will be treated as a criminal offense. You may face large fines, license suspension, jail time, or probation. The court could also issue a warrant for your arrest.

Civil Cases

In a civil lawsuit, the court will usually rule against you by default if you don’t show up. That means the other party automatically wins, and you’ll have a judgment entered against you. At that point, it’s very difficult to re-open the case or appeal the judgment.

If you’re the plaintiff (the party who filed the lawsuit) and you fail to appear, the judge can dismiss your case entirely. Then you’d have to start over from scratch by re-filing your lawsuit.

Child Custody & Support Issues

When parents don’t show up for child custody and support hearings, the outcomes are never good. The judge can issue an order granting full custody to the other parent by default. For child support matters, failing to appear usually means the court will order income withholding, suspend your driver’s license, or even issue a warrant for your arrest.

Possible Defenses for Failure to Appear

If you miss a court date, all hope is not lost. There are a few defenses that may excuse your failure to appear:

• No notice – If you can prove you never received notice of the court date, it’s a valid defense. However, the court will argue that it’s your duty to stay updated on your case.
• False notice – If the notice you received listed the wrong date or time, that’s also a defense. Just make sure you have the notice as proof.
• Emergency – Illness, accident, or some other emergency that physically prevented you from getting to court is a valid defense against failure to appear charges.
• No transportation – If you genuinely had no way to get to the courthouse and made reasonable attempts to find transportation, this can potentially defend against failure to appear.
• Job hardship – If appearing in court would cause undue hardship with your employer, it may excuse the absence. You would need documentation from work though.
• Forgot – As simple as it sounds, the court may dismiss failure to appear charges if you legitimately just forgot about the court date. Don’t count on this one though.
• Confusion – If you went to the wrong courthouse or showed up on the wrong date, and it was an honest mistake, the court may excuse it.

How to Handle a Failure to Appear Warrant

If you missed court and learn that there is a warrant out for your arrest, don’t panic. However, don’t ignore it either. Here are some tips for handling an outstanding failure to appear warrant:

• Turn yourself in – Call the court or sheriff to turn yourself in. It looks better than being forcibly arrested later on.
• Contact your lawyer – Your attorney may be able to recall the warrant or get the hearing rescheduled.
• Request a hearing – File a motion to set aside the warrant and explain why you missed court.
• Apologize – Show up and profusely apologize to the judge. Throw yourself at their mercy.
• Plead your defense – Politely present your defense for why you missed court. Have evidence to back it up.
• Make amends – Offer to complete community service or meet any other conditions the judge imposes.
• Stay calm – Don’t lose your cool in court. Judges hate that.
• Get your affairs in order – There’s a good chance you’ll be taken into custody. Settle your personal matters before turning yourself in.

How to Avoid Missing Court Dates

The best way to avoid a failure to appear is to never miss court in the first place. Here are some tips:

• Mark the date on your calendar and set reminders leading up to it.
• If you can’t remember dates well, ask someone else to remind you.
• Show up early, traffic and parking can be challenging at many courthouses.
• Contact the court immediately if an emergency comes up or you realize you can’t make it.
• Keep in touch with your lawyer and confirm dates with their office too.
• If transportation is an issue, ask friends for help getting to court. You can also contact local charities as many provide free rides.
• Show the court notice to your employer well in advance and insist on getting the time off.
• If you’re afraid of going to court, talk to your lawyer so you understand what to expect. Fear of the unknown only makes it worse.
• Accept that you must go to court and put it on your schedule as an important appointment that cannot be missed no matter what.

Failing to appear in court can derail your life and make an already unpleasant legal situation infinitely worse. However, if you miss a court date don’t assume that all hope is lost. With the right evidence and legal argument, it may be possible to reopen your case and defend against failure to appear charges. An experienced criminal or traffic attorney can help advise you of your options.