When you fail to show up in court, the court (or judge) can issue what’s known as a bench warrant (or capias) for your arrest. This warrant gives law enforcement the right to take you into custody at any time, even during a routine traffic stop, at your workplace, or at your home.
If you were released from custody on bail (or your own recognizance) and then you miss your court appearance, a separate crime called Failure to Appear (FTA) under Florida Statute § 843.15 may be charged. The statute states in relevant part:
“Any person who was released from custody pursuant to this chapter (bail) … and willfully fails to appear before any court or judicial officer as required … shall forfeit any security given for his or her release and shall be subject to the penalties provided for failure to appear.” (paraphrased)
While you should review the exact statutory text in your case, this general rule means that missing court can itself become a new charge.
If the original underlying case was a misdemeanor, you may face a first‑degree misdemeanor for FTA, punishable by up to 1 year in jail and/or a fine up to $1,000. If the underlying case was a felony, the FTA charge may be a third‑degree felony—exposure up to 5 years in prison and/or up to $5,000 in fines.
Furthermore:
- Your bond may be forfeited (i.e., you or your bondsman could lose the money or collateral posted for release) if you don’t show up.
- Your license or driving privileges might be impacted if the missed appearance was for a hearing linked to traffic or criminal charges.
- The court may proceed without you (especially in minor cases or hearings) and enter judgments or decisions you never had a chance to respond to.
- On your criminal record, an outstanding warrant or history of a missed court date hurts your credibility with judges and prosecutors in any future proceedings.
Why You Need a Florida Criminal Defense Attorney Immediately After a Missed Court Date
Hiring a seasoned Florida Criminal Defense Attorney is not optional when you’ve missed court, the consequences escalate fast, and decisions that are made now will impact both your immediate liberty and your future options.
Here are key reasons you should secure private legal counsel right away:
- A lawyer can verify whether a warrant has actually been issued, confirm the nature of the warrant (bond/no‑bond), and locate exactly which court(s) are involved. Many clients mistakenly assume no warrant exists, but it does.
- A lawyer knows how to file a motion to recall or set aside the warrant, sometimes without arrest. The motion will typically explain the reason you missed your court date—illness, mis‑notice, transportation breakdown—and ask the judge to allow you to appear voluntarily rather than be arrested.
- A lawyer can represent you while you surrender under favorable conditions, arrange a schedule for turning yourself in (if required), and negotiate bond or release terms rather than you showing up unprepared and losing bargaining power.
- A lawyer ensures your underlying case (the one you missed court for) remains defended. The FTA situation often complicates your original defense strategy, so you need someone handling both issues together to minimize total exposure.
- A lawyer can negotiate with the court or prosecutor to potentially reduce or dismiss the FTA charge, especially if your absence was not “willful” (meaning you had a valid reason and didn’t simply ignore the court).
What Counts as “Willful” Failure to Appear Vs. a Valid Excuse?
One of the critical distinctions in Florida when handling an FTA is whether your absence was willful or not. If it was simply an oversight, mis‑addressed notice, medical emergency, or unavoidable travel issue, you may have a strong argument that the failure to appear should not escalate to a felony charge.
Examples of non‑willful reasons courts have accepted include:
- Being hospitalized or physically incapable of attending
- Transportation breakdown en route to the courthouse
- Receiving notice late or at the wrong address
- Mistaken belief your attorney handled the matter
If you can document your reason (medical records, vehicle repair receipts, proof you notified your attorney before court, etc), your attorney can make the argument effectively before the judge.
What You Should Do Right Now If You Missed Your Court Date
- Do not ignore the problem. The warrant will not vanish on its own.
- Contact a Florida Criminal Defense Attorney immediately—before turning yourself in.
- Your attorney will check for active warrants, determine whether bond was revoked or forfeited, and plan how best to approach the court.
- If you must surrender, do it on your terms with counsel present so you don’t inadvertently waive rights or face higher penalties.
- Collect supporting documentation for why you missed court (medical records, travel logs, attorney communications, etc). This will be essential for your defense.
- Do not post bond or try to negotiate release without your attorney. Even small mis‑steps post‑warrant can reduce your options for plea or reduction.
- Once the warrant and FTA issue is addressed, focus on the original underlying charge—because your lawyer needs to manage both issues simultaneously.
Real‑Life Example
I recently represented a client in Florida who missed an arraignment for a misdemeanor battery charge because she was hospitalized out‑of‑state the week of the hearing and never notified her attorney or the court. When I was retained, I found that the judge had already issued a capias (bench warrant) and bond was revoked. My first move was to file a Motion to Set Aside the Capias, supported by her hospital records showing she was under care and unable to travel the scheduled week. At the hearing, we argued her failure to appear was not willful. The judge granted the motion, reinstated her bond, and scheduled a new court date—no overnight jail time. Then I resumed her defense on the battery case and eventually negotiated a diversion program rather than conviction. Because we addressed the missed appearance quickly and with full documentation, we avoided the separate FTA criminal charge entirely. This wouldn’t have happened without a private Florida Criminal Defense Attorney managing the situation.
When the Underlying Case Is Still Active: Why Timing Matters
If your underlying case is still pending, the fact you missed your court date alters how your defense must proceed. Your attorney must juggle two tracks: the original case and the FTA issue. If you delay resolving the missed appearance, the court might proceed in your absence or issue a warrant that limits your freedom and options. The sooner the matter is addressed, the better your chances of maintaining favorable conditions (release, plea negotiation, diversion) in the original proceeding.
What if the Underlying Case is Already Resolved?
Even if your original case is resolved, a missed hearing can still give rise to a fresh charge under § 843.15 or create outstanding legal obligations. A private Florida Criminal Defense Attorney can still act to clear the warrant, petition to recall it, or negotiate a resolution that avoids a new conviction for the failure to appear. Leaving the warrant outstanding may expose you to future arrest, bond issues, or restrictions should you face new criminal or traffic matters.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you missed your court date in Florida—even thinking it’s just a traffic or minor charge—treat it with urgency. The consequences are real and serious. A missed court date can transform a manageable case into a high‑stakes situation with additional charges, an arrest warrant, and no bond. Having a dedicated Florida Criminal Defense Attorney on your side gives you the best chance to fix the issue quickly, explain your absence to the court, and protect your future.
If you find yourself facing a warrant or missed appearance, act now. You owe it to yourself to call an attorney who can act on your behalf.