If you were scheduled to be in court and failed to appear, you could face serious consequences. Whether you missed your court date because you were ill, too nervous, or you simply forgot about it, not showing up is considered a crime. Failure to appear for court when you were supposed to is a charge in itself — and a missed court date can result in a warrant being issued for your arrest.

What Happens if You Miss a Court Date for a Misdemeanor or Felony Charge?

If you were released on bail for a misdemeanor charge and failed to appear for your court date, the ramifications can be serious. Specifically, the consequences for a missed court date regarding a misdemeanor charge can include the following:

• Forfeiture of the bond that was posted — You will give up the bond that you have already paid.
• A warrant for your arrest — The court will issue a new Order for your Arrest. If you are arrested again, your bond will likely be higher, possibly so high that you would have to remain in jail until the proceedings in your case.
• A new charge — You could face an additional charge for failure to appear for a misdemeanor charge.

For most misdemeanor charges, North Carolina imposes a statute of limitations of two years on the prosecution. However, if you missed your court date, the clock begins ticking again on the date you were supposed to appear. In contrast, there is no statute of limitations in place for felony charges — if you don’t show up in court, you can be arrested at any time. Not only will you still face the initial felony charge, but your failure to appear can result in another felony charge and could possibly carry jail or prison time.

What Happens if You Miss a Court Date for an Infraction?

Many traffic offenses in North Carolina are classified as infractions. For instance, not stopping for a stop sign or failing to wear a seatbelt are considered non-criminal violations punishable by a fine only. Missing a court date for an infraction does not result in penalties as severe as those that might be incurred for failing to appear for a misdemeanor or felony charge. However, there are still consequences.

If you are not in court when your case is called, the case will mark it as “called and failed.” You then have 20 days to reschedule it with the court. In the event your case is not re-calendered within the necessary time frame, the court will issue a “Failure to Appear.” In addition to a $200 fine, a Failure to Appear carries an automatic license suspension which stays in place until the case is closed or the Failure to Appear is resolved.

Resolving a Failure to Appear for a Missed Court Date

Even if you are not caught initially for a missed court date, the matter won’t go away. Critically, North Carolina keeps a database which is used by law enforcement when you are pulled over. This means that if you’re stopped for going through a red light and have an outstanding Failure to Appear on your record, you could potentially be arrested for Driving While License Revoked. This is why it is crucial to ensure these situations are addressed promptly.

To have a Failure to Appear or an Order for Your Arrest stricken, a motion to strike the process against you will have to be filed with the court. Depending on the county, you may or may not have to appear before a judge. However, you may be required to show good reason for the prosecutor to consent to the strike. Or you might need to enter into a stipulation with the prosecution in order for them to agree to the strike. A stipulation can mean your case will be marked for plea or you might have to waive the presence of specific witnesses.

Additionally, if you missed a court date for a traffic ticket, the court would inform the DMV about your failure to appear. The DMV will send a letter advising you that in 60 days your license will be suspended. If this occurs, you will not be able to have your license reinstated until the Failure to Appear is resolved — along with any other outstanding issues that might be on your record. Significantly, even if you relocate to another jurisdiction, the National Driver Register will be notified by the DMV in North Carolina about the suspension. This can mean that you will not be able to obtain a license in the new state as a result.

Contact an Experienced North Carolina Criminal Defense Attorney

If you missed a court date, it’s important to speak with a knowledgeable criminal defense attorney who can advise you regarding your legal rights and fight for the best possible outcome in your case. The Johnston County criminal defense lawyers at Reece & Reece, Attorneys at Law skillfully represent clients for a wide array of criminal charges, including matters concerning failure to appear. Call (919) 300-1249 to schedule a consultation and learn how we can assist you.