Missing a court date can happen for many reasons. Maybe you wrote down the wrong date. Maybe you never received the reminder. Maybe there was a family emergency or another situation that prevented you from getting to court. Whatever the reason, ignoring a missed court date can make the situation worse.
If you or someone you know has missed court while out on bail, here’s what you should know.
A Missed Court Date Can Have Serious Consequences
When a defendant is released on bail, appearing in court is one of the most important conditions of that release. Texas law provides that bail can be forfeited when a defendant who is bound to appear fails to appear when their personal appearance is required. Depending on the circumstances, the court may also issue a warrant or capias for the person’s arrest.
In addition, Texas Penal Code Section 38.10 makes intentionally or knowingly failing to appear in accordance with the terms of release a criminal offense, subject to the statute’s exceptions and defenses. That means a missed court date can potentially create a problem beyond the original criminal case.
What Should You Do If You Missed Court?
The most important thing is don’t ignore it. Contact your criminal defense attorney as soon as possible. Your attorney can determine what happened in the case, whether a warrant has been issued and what steps may be available to address the missed appearance.
If you are represented by a bail bond company, you should also contact the bondsman promptly. Don’t assume that waiting will make the problem disappear.
What If There Is an Arrest Warrant?
If a warrant has been issued, the consequences can be more serious. A person who has an outstanding warrant may be arrested if law enforcement encounters them. Depending on the circumstances, they may also face another period of incarceration while the court addresses the failure to appear.
In some situations, voluntarily addressing the warrant may be preferable to waiting for an unexpected arrest. However, the best course of action depends on the facts of the individual case. That’s one reason speaking with a criminal defense attorney promptly is so important.
Can Your Bail Be Forfeited?
Yes.
Texas law specifically provides for forfeiture when a defendant who is bound by bail fails to appear when required. The law provides a process for entering and contesting a forfeiture judgment, including an opportunity for good cause to be shown.
If a commercial surety bond was posted, the bail bond company may also have legal rights and obligations concerning the defendant’s appearance and the bond.
Don’t wait for a situation involving a missed court date to become a larger problem.
What If You Had a Good Reason for Missing Court?
A legitimate reason for missing court can matter, but you should not assume that the reason automatically cancels the consequences. Texas law recognizes a reasonable excuse as a defense to prosecution under the failure-to-appear statute in certain circumstances.
Your attorney can help determine whether your circumstances may provide a legal defense or support another way of resolving the issue. Keep documentation of the reason you missed court whenever possible. For example, if you were hospitalized, records may help establish what happened.
How Can You Avoid Missing Court in the Future?
Once you’re released on bail, make court dates a priority.
Try these simple steps:
- Put every court date on your phone immediately.
- Set multiple reminders.
- Keep your attorney’s contact information available.
- Update your attorney if your phone number or address changes.
- Ask your attorney or the court about any uncertainty regarding the next appearance.
- If an emergency prevents you from appearing, contact your attorney as soon as possible.
Missed Court? Take Action Now.
A missed court date does not necessarily mean that everything is lost but ignoring it can make the situation considerably more complicated.
If you’re a client of Cowboy Bail Bonds and have missed court, contact your attorney and your licensed bail agent as soon as possible so you can understand what has happened and what steps need to be taken next.
Important: This article is general information, not legal advice. The consequences of missing court depend on the type of case, the court, the defendant’s release conditions and the specific circumstances surrounding the missed appearance. Speak with a qualified Texas criminal defense attorney about your situation.