If you ever miss a court date, the court will issue a warrant for your arrest. As soon as possible, appear in court to recall the warrant. Acting quickly shows the court that you are serious about your case. Failing to act promptly can result in police showing up at your home or workplace to arrest you, which could lead to additional charges.

However, you should never appear in court without a lawyer to represent you. An experienced criminal defense attorney may be able to recall the warrant on your behalf, depending on the charges.

In Florida, failing to appear for a court date is considered a crime under Florida Statute 843.15(b). If you fail to appear after posting bond, you may receive a notice to appear or a bench warrant (capias) for your arrest. Failing to appear in court is typically charged as a first-degree misdemeanor, but it can be elevated to a felony if the missed court date was for a felony charge.

Penalties for Missing a Court Date

For a first-degree misdemeanor:

• Up to $1,000 in fines

• Up to 12 months in jail

For a third-degree felony (such as missing a felony court date, sentencing, or review hearing):

• Up to $5,000 in fines

• Up to five years in prison

Florida courts take failing to appear very seriously. If you are deemed a flight risk, a warrant will be issued immediately.

If you are arrested for failing to appear before seeing a judge, your bond eligibility may vary. You could:

• Be arrested with a bond amount that allows release,

• Be arrested with no bond, or

• Be held on a high bond or no bond until it is reviewed at your first appearance within 24 hours.

Factors Considered for Bond Eligibility

• Ties to the community

• Likelihood of appearing at future hearings

• Employment status

• The crime you were originally arrested for

• Criminal history

• Record of failing to appear in the past

• Danger posed to the community

Reasons for Missing a Court Date

There are many reasons why people miss court dates:

• Forgetting about the date

• Recently moving and missing the notice

• Having the wrong date or time written down

• Not receiving proper notice in the mail

• Being incarcerated in another county

Regardless of the reason, the issue will not resolve itself. Once a failure to appear is formally filed, you will also face a criminal charge.

This is why having an experienced criminal defense attorney is crucial. They can build the best defense for your situation, which may include:

• Lack of notice

• Incorrect or insufficient notice

Contact an Experienced Central Florida Criminal Defense Attorney

Whenever you are required to appear in court, it is always best to have an attorney by your side. If you have missed a court date in Central Florida, contact Attorney Brandon Gans today.