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Arrest & Court Process

What Happens If You Miss Court in Florida?

Missing a required court date in a Florida criminal case can mean a warrant, a forfeited bond, and a separate charge of failure to appear.

  • By Pinellas Criminal Law Editorial Team
  • Updated
  • First published
  • Last reviewed
  • 4 min read
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Quick answer

If a defendant misses a required court date in a Florida criminal case, the judge can issue a warrant and must declare any bond forfeited. Willfully failing to appear is also a separate crime under section 843.15, Florida Statutes: a third-degree felony when the person was released on a felony charge and a first-degree misdemeanor when the charge was a misdemeanor.

Key takeaways

  • The consequences come from three places: the judge in the case, the bond, and a possible new charge.
  • The new charge requires a willful failure to appear.
  • A person who received a notice to appear instead of being arrested can also be punished for not coming to court.
  • A missed court date counts against a person the next time a judge decides on release.
  • The court file shows what was ordered. The Clerk keeps it.

What Florida law says

Section 843.15, Florida Statutes, applies to anyone released under the bail chapter who willfully fails to appear before a court as required. The person forfeits any security given for the release and, in addition, commits:

  • a third-degree felony if released in connection with a felony charge, or while awaiting sentence; or
  • a first-degree misdemeanor if released in connection with a misdemeanor charge.

The general maximums for those levels are in the offense level reference.

What happens in the case

  • A warrant. The court can issue a warrant for the person’s arrest.
  • The bond. Under section 903.26, Florida Statutes, if a defendant fails to appear as required, the court must declare the bond and any money deposited as bail forfeited. The same section sets out when a forfeiture can be discharged.
  • Release next time. A person whose current arrest is for failing to appear at required court proceedings while on bail may not be released before first appearance (section 903.011). A judge deciding on release also looks at the person’s past conduct, including any failure to appear.

If the person had a notice to appear

Some people are not booked into jail and instead sign a written notice to appear. Section 901.31, Florida Statutes, says a person who willfully fails to appear as that notice requires can be fined up to the fine for the original charge, or jailed up to the maximum for the original charge, or both, whatever happens to the original charge.

DUI cases

For DUI, a bond forfeiture has an extra effect. Section 322.28 treats a forfeiture that is not vacated within 20 days as the equivalent of a conviction for the purpose of revoking the driver license. See Florida DUI license suspension.

Important exceptions

  • Willfulness. The crime in section 843.15 is a willful failure to appear. Whether a failure was willful depends on the facts.
  • Hearings a lawyer can attend alone. A lawyer can sometimes appear for a defendant, particularly in misdemeanor cases, and an arraignment can be waived by a written plea. A defendant must attend any hearing the court requires.
  • Only the court can cancel a warrant. A warrant stays active until the court withdraws it or the person is brought before the court.

Common questions

Is missing court a felony in Florida?

Willfully failing to appear is a third-degree felony when the person was on release for a felony charge. In a misdemeanor case it is a first-degree misdemeanor.

Will I get my bond money back?

A forfeited bond is governed by section 903.26, which lists the circumstances in which a forfeiture can be discharged.

How do I find out whether a warrant was issued?

The court file shows the judge’s orders. See how to look up a criminal case in Pinellas County.

When to speak with an attorney

A missed court date is usually best dealt with quickly and through a lawyer, who can ask the court to address the warrant and the bond. A person who cannot afford a lawyer can contact the public defender’s office that serves the court. See also bail, bond, and release in Pinellas County and the Arrest and Court Process topic page.

Official resources and sources

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