If you have been charged with a crime in New York, you may be released prior to the trial in your case subject to conditions of your bail bond. If you violate the terms and conditions of your bail bond, your bond may be revoked, and you could be sent to jail to await trial. Prior to a bond revocation, the court must hold a hearing. An alternative to revocation is modification of your bond conditions.
New changes in the law have made it easier for defendants to explain a missed court date prior to the issuance of a bench warrant. If you have recently missed a court date, contact our office right away to speak to a defense lawyer.
Recent Changes in New York Bail Bond Laws
If you miss court, a bench warrant could be issued for your arrest, even if you are only charged with a minor offense. A bench warrant is signed by a judge and directs police to arrest you, which means that you could be sent to jail unexpectedly on your way to work. For example, if you are pulled over for an unrelated offense, you could end up in jail for a night or longer because of the missed court date.
Luckily, bail bond laws have changed in New York which make it easier to explain your absence as long as you act in a timely manner and notify your attorney as soon as possible regarding the circumstances that caused you to miss court. Now courts must provide 48 hours for you turn yourself in to avoid the issuance of a bench warrant.
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(212) 300-5196There is an important exception to this new rule. If there is credible evidence that you willfully refused to appear for court, a warrant may still immediately be issued for your arrest. For example, if you made statements to a witness such as a court clerk that you did not intend to appear for court intentionally, the court may issue a bench warrant without the 48-hour waiting period.
If you expect you will miss court, contact your lawyer immediately. Many judges will not be sympathetic if you must miss court to work or have planned a vacation since court dates are typically scheduled well in advance. What you say to your attorney is confidential. It is much better for your lawyer to tell the court why you could not appear than to attempt to explain the situation on your own behalf after a bench warrant has already been issued.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
Cash vs. Commercial Bonds
A bail bond may be cash or commercial. A cash bond must be paid in full, while a commercial bond is covered by a bail bondsman, and you pay a percentage of the full amount of the bond plus the bondsman’s fee to the bail bond company.
You missed a court date in Manhattan because you were hospitalized after a car accident, and now you've learned that the judge issued a bench warrant for your arrest. Your family is worried that your bail will be revoked entirely and you'll be held in jail until your trial date.
Can I get the bench warrant lifted and keep my bail, or will the judge automatically revoke it because I missed my court appearance?
Under New York Criminal Procedure Law § 530.60, the court has discretion to either modify or revoke your bail after a missed appearance, but revocation is not automatic. Your attorney can file a motion to vacate the bench warrant and present evidence of your hospitalization as a legitimate reason for your absence, which courts generally consider a reasonable excuse under CPL § 510.40. The judge may choose to reinstate your original bail, modify the conditions by adding requirements like more frequent check-ins, or increase the bail amount rather than revoking it outright. Having medical records documenting your hospitalization and appearing voluntarily before the court as soon as possible will significantly strengthen your case for keeping your release status.
This is general information only. Contact us for advice specific to your situation.
If you miss court, you could be charged with failure to appear, and a warrant will typically be issued for your arrest. If you do not appear at court to explain why you missed court, your bond could be forfeited.
