When you’re arrested and released on bail or your own recognizance in California, one of the conditions of your release is a mandatory appearance in court. Missing that court date—even unintentionally—can lead to serious legal consequences. At Flore Legal Allies, we understand how overwhelming and confusing the legal system can be. That’s why we’re here to help clients in San Diego and Los Angeles navigate every step with clarity and support.
We’ll explain what happens if you miss your court date, how serious the consequences can be, and how a criminal defense attorney can help you resolve the situation.
Why Missing a Court Date Is a Big Deal
When a court sets a date for your hearing—whether it’s for arraignment, a preliminary hearing, or trial—you are legally obligated to appear. Failing to do so is known as “failure to appear” (FTA), and it is treated as a separate criminal offense under California Penal Code §1320 or §1320.5, depending on the case type and whether bail was involved.
Even if your original charges were relatively minor, failing to appear can escalate the situation significantly.
Immediate Consequences of Missing Court
1. A Bench Warrant Is Issued
As soon as the judge realizes you missed your scheduled appearance, they will likely issue a bench warrant for your arrest. This means law enforcement can arrest you at any time—during a traffic stop, at work, or even at home.
2. Bail Forfeiture
If you were released on bail, the court may forfeit your bail, which means you (or the person who paid it for you) won’t get that money back. If a bail bond company paid the bail, they may pursue you or your co-signer for the amount.
3. Additional Criminal Charges
In some cases, the court can charge you with failure to appear as a misdemeanor or felony, depending on the severity of the original charges. These are separate charges that carry their own potential jail time and fines.
4. License Suspension
If the court date was related to a traffic or DUI offense, the court may notify the Department of Motor Vehicles (DMV), which can result in a suspension of your driver’s license.
Penalties for Failure to Appear in California
The penalties depend on whether your original charge was a misdemeanor or a felony:
- Misdemeanor Case: Failure to appear may result in up to 6 months in jail and a fine of up to $1,000.
- Felony Case: Failure to appear can be charged as a felony, with penalties of up to 3 years in prison and a fine up to $10,000.
Even worse, these penalties are in addition to whatever sentence you may face for the original offense.
What If You Had a Legitimate Reason?
California courts understand that emergencies happen. If you missed your court date due to:
- A medical emergency
- A family crisis
- Hospitalization
- Being unaware of the court date due to paperwork or clerical error
…it’s critical to take immediate action to resolve the issue. Judges may be more lenient if you or your attorney contacts the court proactively.
However, if you simply ignored the court date, or failed to appear without a good reason, the court is much less likely to show leniency.
Steps You Should Take After Missing Your Court Date
If you’ve missed your court date, don’t panic—but don’t delay. Here’s what to do:
1. Contact a Criminal Defense Attorney Immediately
Time is critical. An experienced attorney—like Andrew Flores at Flore Legal Allies—can help determine the best strategy to fix the issue.
2. File a Motion to Recall the Warrant
Your attorney may be able to file a motion to recall or quash the bench warrant. In many cases, this can prevent you from being arrested or held in jail while your case is resolved.
3. Prepare for the Hearing
Once the warrant is recalled and a new court date is set, you will need to appear in court and explain your absence. Your attorney will advocate on your behalf and present any evidence supporting your reason for missing court.
4. Show Remorse and Take Responsibility
If the court believes you are taking the situation seriously, it may reduce the consequences. Avoid excuses and demonstrate accountability.
How Missing Court Affects Your Case
Missing court doesn’t just result in extra charges—it can also weaken your defense in the underlying criminal case.
Judges and prosecutors may view you as unreliable or uncooperative. This perception can hurt your chances of negotiating a favorable plea deal or getting leniency at sentencing.
Additionally, if your case involves any type of pretrial diversion or probation program, your eligibility could be revoked due to noncompliance.
Can You Clear a Failure to Appear from Your Record?
If your case was dismissed or resolved, but you had a prior failure to appear on record, it may still affect your criminal history. While certain records may be sealed or expunged, a failure to appear is considered a serious blemish that may not be eligible for removal.
An attorney can help determine if you’re eligible for expungement or record sealing and file the appropriate petitions on your behalf.
Don’t Wait Until You’re Arrested—Act Now
Even if the court hasn’t issued a bench warrant yet, it’s important to be proactive. Judges appreciate defendants who take responsibility and show they’re serious about resolving the issue.
At Flore Legal Allies, we help clients across San Diego and Los Angeles fix missed court appearances with minimal damage to their case. Whether you’re facing misdemeanor charges or more serious felony allegations, we’ll stand by you, advocate for you, and work to protect your rights.
How We Can Help
At Flore Legal Allies, we know how stressful and confusing criminal proceedings can be—especially when something unexpected like a missed court date occurs. We’re not just legal representatives; we’re allies who care deeply about your future.
If you’ve missed a court date, contact us immediately. We can help you:
- File a motion to recall a warrant
- Represent you in court and explain the circumstances
- Minimize the consequences of your failure to appear
- Keep your record as clean as possible
We bring calm to chaos. Let us help you move forward with confidence and clarity.
