What Happens If You Miss a Court Date in Florida?

Missing a court date in Florida can lead the judge to issue a capias, a court order for your arrest, and leads the clerk to forfeit any bond you posted. If you were released under Chapter 903, the bail chapter, and the miss was willful, Florida Statute 843.15 makes it a new crime: a third-degree felony in a felony case or a first-degree misdemeanor in a misdemeanor case. A missed traffic court date can also lead to a driver license suspension.

Below: the warrant, the new failure to appear charge, what happens to your bond, traffic cases and your license, the penalties, what to do now, how a lawyer fixes it, and the defenses The Law Offices of Robert David Malove raises in Fort Lauderdale.

Will the Judge Issue a Warrant If You Miss Court?

The judge can order your arrest after you miss court. Florida Rule of Criminal Procedure 3.131(h) lets the court where the case is pending direct the arrest and commitment of a defendant who is at large on bail, and police can make that arrest in any county, the same way as on an arrest warrant.

Florida courts and clerks often call this order a capias, and many people call it a bench warrant. Florida Statute 903.26(2)(c) refers to the “warrant or capias” the clerk provides to the bail bond agent after a forfeiture. The firm can check whether an active warrant exists in your name before you go anywhere near a courthouse or a jail.

Is Missing Court a Separate Crime in Florida?

Missing court is a separate crime in Florida when the failure to appear is willful. Florida Statute 843.15 covers a person released under Chapter 903, the bail chapter, who willfully fails to appear before any court or judicial officer as required.

• Felony case. A person released on a felony charge, or released while awaiting sentence or pending review by certiorari after conviction of any offense, commits a third-degree felony.
• Misdemeanor case. A person released on a misdemeanor charge commits a first-degree misdemeanor.
• Bond forfeiture. The statute adds a forfeiture of any security given or pledged for the release, on top of the new charge.

Statute 843.15(2) adds that the court keeps its separate power to punish the conduct as contempt.

What if you were released on a notice to appear?

A person who willfully fails to appear as required by a written notice to appear faces a separate statute, Florida Statute 901.31. The penalty is a fine up to the fine of the original charge, jail or prison up to the maximum sentence of the original charge, or both. The statute applies regardless of how the original charge ends.

What Happens to Your Bond If You Miss Court?

Your bond is forfeited if you miss court. Florida Statute 903.26(2) says the clerk automatically enters the forfeiture when the defendant fails to appear at the time, date, and place required, and the clerk must notify the surety agent and surety company within 5 days.

• Same-day appearance. The judge has discretion to find that an appearance later on the same day does not warrant forfeiture and to set aside a forfeiture already entered. Any appearance after the required day is a forfeiture.
• 60 days to pay. The forfeiture must be paid within 60 days after the notice is sent (Statute 903.26(2)(a)).
• Judgment against the surety. If the forfeiture is not paid or discharged within 60 days, the clerk enters a judgment against the surety for the amount of the penalty (Statute 903.27(1)).
• Property pledged. A bond and its affidavits that describe real property become a lien on that property for 2 years from recording (Statute 903.26(4)).

What does the bail bond agent do?

A bail bond agent is obligated under Florida Statute 903.045 to ensure that the defendant appears at every proceeding the bond covers. Statute 903.29 lets the surety arrest the defendant within 2 years after forfeiture to surrender him or her to the official who had custody. The surety can seek remission of the forfeiture under Statute 903.28 on a sliding scale: up to 100 percent if the defendant surrenders or is caught within 90 days, falling to up to 50 percent within 2 years.

Can the forfeiture be discharged?

A forfeiture can be discharged within 60 days under Statute 903.26(5) when the court finds that it was impossible for the defendant to appear because of circumstances beyond his or her control, or that the defendant was in a hospital, a jail, or immigration detention, was deported, or died. The financial cost of appearing does not count. Statute 903.26(8) also has the clerk discharge the forfeiture if the defendant is returned to the county or posts a new bond before judgment, once the return costs are paid.

Can the Judge Revoke Pretrial Release After a Missed Court Date?

A Florida judge can revoke pretrial release after a missed court date. Florida Statute 903.0471 lets the court, on its own motion, revoke pretrial release and order pretrial detention on probable cause that the defendant violated any condition of release in a material respect. Under Rule 3.131(f), appearing in court and not departing without leave is the core condition of every bail undertaking.

Will the new bond be higher?

A new bond after a missed court date is often higher, and Florida law sets floors. Under Florida Statute 903.046(2)(d) and Rule 3.131(d):

• Voluntary surrender. A defendant who missed court and later appeared or surrendered voluntarily is not eligible for a recognizance bond.
• Arrest. A defendant who missed court and was later arrested is not eligible for any bond with a monetary undertaking below $2,000 or twice the original bond, whichever is greater.
• Circumstances beyond control. Statute 903.046(2)(d) keeps the court’s discretion over release conditions when the defendant proves circumstances beyond his or her control caused the miss.

What Happens If You Miss a Traffic Court Date in Florida?

Missing a traffic court date in Florida can lead to a driver license suspension, and the path depends on whether the ticket is civil or criminal.

• Civil traffic infraction. Under Florida Statute 318.15(1)(a), when a person fails to appear at a scheduled hearing or pay the civil penalty, the clerk notifies the Department of Highway Safety and Motor Vehicles within 10 days, and the department suspends the license effective 20 days after the suspension order.
• Criminal traffic charge. Under Florida Statute 322.245, when a person charged with a criminal traffic offense listed in Statute 318.17, or a misdemeanor under Chapter 320 or 322, fails to comply with the court’s directives in the time allowed, the clerk sends a notice giving 30 days to comply and pay a delinquency fee of up to $25. If the person does not comply, the department suspends the license effective 20 days after the order. See the firm’s guide to criminal traffic charges for the underlying offenses.

On its traffic and misdemeanor page, the Broward County Clerk of Courts warns that after a missed court date the judge may issue a warrant for your arrest as well as a suspension of your driver license.

How do you get the license back?

A license suspended under Statute 318.15 is reinstated after the person complies with the court’s obligations or a payment plan, presents a certificate of compliance, and pays a $60 service charge (Statute 318.15(2)). A license suspended under Statute 322.245 stays suspended until the person complies with all court directives and pays the delinquency fee (Statute 322.245(4)).

What Are the Penalties for Failure to Appear in Florida?

The penalties for failure to appear in Florida run from a license suspension to 5 years in prison, set by the type of case and how the person was released. Statutes 775.082 and 775.083 set the maximum term and fine for each degree.

Every bail case also carries forfeiture of the bond, and the original charge continues.

What Should You Do If You Missed Your Court Date?

The first step after a missed court date is to call a criminal defense lawyer before you turn yourself in or contact the court. The order of the next steps matters:

• Do not wait. A surrender or arrest within 60 days after the required appearance is one of the grounds to discharge a bond forfeiture under Statute 903.26(5)(c), and an earlier return raises the surety’s remission under Statute 903.28.
• Do not walk into the jail alone. A lawyer can first ask the judge to withdraw the capias or set a hearing, which can avoid a booking.
• Gather proof. Hospital records, a jail booking sheet, a flight record, or a notice sent to the wrong address supports the reason for the miss.
• Call the bondsman. The bail agent can still surrender you, and early contact can protect the people who signed for the bond.

The Broward County Clerk of Courts states that it cannot change a felony court date already set; you or your attorney must contact the office of the assigned judge.

How Can a Lawyer Fix a Missed Court Date?

A criminal defense lawyer can address a missed court date by filing a motion asking the judge to withdraw the capias, reinstate the bond, and reset the case. The motion explains why the client missed court and shows that he or she will appear going forward. The lawyer can ask for a hearing so the client appears in court with counsel instead of being arrested.

If the judge will not withdraw the capias, the lawyer can arrange a planned surrender and ask for a prompt bond hearing, arguing the factors in Statute 903.046(2). Rule 3.131(e)(3) also lets the court reconsider the monetary part of bail when the defendant cannot post it.

What Are the Defenses to a Failure to Appear Charge?

The defenses to a failure to appear charge attack the willfulness element in Florida Statutes 843.15 and 901.31. A miss that was not willful is not this crime. The defenses raised most often are:

• No notice. The defendant was never told of the court date, or the notice went to an old address.
• Emergency or hospitalization. A medical emergency, an accident, or a hospital stay kept the defendant from appearing.
• In custody elsewhere. The defendant was in another county, state, or federal jail, or in immigration detention, on the court date.
• Not released under Chapter 903. Statute 843.15 applies only to a person released under the bail chapter.
• Same-day appearance. Separately from the criminal charge, a defendant who arrived late on the same day can ask the judge to set aside the bond forfeiture under Statute 903.26(2)(b).

Why Hire The Law Offices of Robert David Malove?

Robert David Malove is a Florida Bar Board Certified Criminal Trial Lawyer who has defended felony cases in Broward, Miami-Dade, and Palm Beach Counties since 1984, including years as an Assistant Public Defender in all three. The firm’s Fort Lauderdale office at 200 SE 9th Street is a short walk from the Broward County Courthouse.

A missed court date in Broward County is easiest to fix before the capias is served, so the first rule is to stay out of the jail lobby and call a Fort Lauderdale criminal defense lawyer. A defense lawyer can then confirm whether a capias is active, gather the proof behind the miss, file the motion to withdraw the capias or reinstate the bond, and arrange the client’s appearance with counsel.

Call (954) 861-0384 for a free consultation with a Fort Lauderdale failure to appear lawyer.

Missed Court Date in Florida: Frequently Asked Questions

Do you go to jail for missing a court date in Florida?

A person who misses a court date in Florida can go to jail, because the capias authorizes an arrest and the judge can revoke pretrial release under Statute 903.0471. Jail is not automatic: a judge can withdraw the capias and reset the case, especially when a lawyer acts before the arrest.

Is failure to appear a felony in Florida?

Willful failure to appear is a felony in Florida when the person was released under Chapter 903 on a felony charge, or while awaiting sentence or certiorari review. Statute 843.15(1)(a) makes it a third-degree felony, punishable by up to 5 years in prison. In a misdemeanor case, it is a first-degree misdemeanor.