Missing a Court Date – Failure to Appear

After getting a summons or getting arrested, a court date will be given to you. You must appear at the correct courthouse on the right date to defend against the charges when this happens. Failure to do this can result in a failure to appear charge against you. Learn more here.

After Arrest

After an arrest for DUI, the arresting agency will set a bond amount for that person based on that individual’s charges and circumstances. In some cases, the bond is merely a promise to appear. A promise to appear allows the person to leave on their own recognizance and will not have to forfeit any money in the event of not appearing before the court. This is rarely issued in serious cases and only when the person is believed to be a minimal flight risk. In other situations, a bond amount is set, and the defendant must pay a certain percentage of that to be released.

Failure to Appear

Unfortunately, failing to appear in court on the date given to the defendant will result in a separate criminal charge called a failure to appear. In some cases, the judge will allow the defendant one second chance for a failure to appear. However, this is not guaranteed. The judge will generally not make this exception if the defendant has prior failure to appear charges on their record or if the charges are considered too serious.

Once the case has been called and the defendant fails to appear, the judge can issue a bench warrant for arrest. This means that once apprehended by law enforcement, the defendant will be put into jail to await the next court date. The classification of the failure to appear charge depends on the underlying charge that the defendant was supposed to appear for.

If charged originally with a misdemeanor, the defendant will face a Class A misdemeanor failure to appear, punishable by up to one year in jail and up to a $2,000 fine. If originally charged with a felony, the defendant will face a Class D felony failure to appear charge, punishable by up to five years in jail and up to a $5,000 fine.

What Happens to Your Bond

The bail commissioner’s office is in charge of every defendant when they are released on bond. The bail commissioner acts as the court’s informant and will ensure that each defendant is compliant with all of the release conditions, including appearing in court when ordered to appear. After a failure to appear, the bail commissioner will send the defendant a letter informing them that they must appear for their next court date or will face a new charge of failure to appear.

Generally, the presiding judge will revoke the defendant’s bond and order a rearrest on the second missed court date. At this point, law enforcement will be notified of the arrest warrant and will begin searching for the defendant. In this case, the order will result in the defendant voluntarily turning themselves in or law enforcement apprehending the individual.

Fighting the Charge

After getting arrested and charged with a failure to appear charge, the defendant will have to fight the original underlying criminal charge as well as the failure to appear. A failure to appear charge requires a “willingly” failing to appear element. This means that the defendant intentionally or willfully failed to appear, and there was no reasonable, justified excuse for missing the court date. In some cases, a justified excuse may include a medical emergency, failure to receive notice of the court date, or getting incarcerated on an unrelated matter.

If you have missed a court date in Connecticut and have been given a second chance to remain out on bond, you must take this seriously and pay close attention to your next court date. If you have been rearrested and charged with a failure to appear charge, you, unfortunately, will need to defend against this charge as well. Having a criminal defense attorney is critical for fighting against this serious charge. Call Lady DUI today to get your questions answered and speak with an attorney about your situation.