What Happens If You Miss a Court Date in Texas?

If you missed a court date, you might not think it’s such a big deal or that it’s just an administrative matter. However, missing a court date in Texas could result in a warrant being issued against you and other negative consequences. If you find yourself in this situation, contact an experienced criminal defense lawyer now for immediate legal assistance. And if you have a lawyer and them not telling you about a court date caused you to be put in this situation, you really need to think about finding a better lawyer! 

A Warrant Is Issued 

In most instances, the judge overseeing your case will forfeit your bond or hold your bond insufficient and issue a warrant for your arrest. This gives law enforcement the legal authority to arrest you and bring you before the judge. Because this warrant is added to the system immediately, you are vulnerable to having cops show up at your home or job, arrest you if you get pulled over, and hold you until a new hearing date is set. This situation does not require law enforcement to have probable cause before bringing you in. 

Your Previous Bond Is Forfeited 

If you paid bail to be released, you effectively forfeit it if you miss a court date. Bond conditions include showing up for all required court dates. You will lose the money that you posted, and your bail bondsman will become responsible for the entire bond amount, meaning that you will now be subject to being harassed with collections calls from your bond company

Getting bonds in the future also becomes more difficult. You will be viewed as a flight risk, and this information can cause you not to get bond at all or to be subject to much higher bond amounts or stricter bond conditions. 

A Failure to Appear Charge Is Added

The court can also add a separate charge for failure to appear under Texas Penal Code Section 38.10. This is an independent offense, separate from your original case. The severity of this charge depends on the underlying case. In some instances, this means that the failure to appear charge is more serious than the underlying charge itself.

How Is a Failure to Appear Classified in Texas?

How your charge is classified depends on the underlying case that you missed, as follows:

• Felony: If the original case level was a felony, the failure to appear charge is a felony, punishable by a fine of up to $10,000 and two to ten years in state prison.
• Class A or B misdemeanor: If the underlying case is a Class A or B misdemeanor, the failure to appear charge is classified as a Class A misdemeanor. A conviction can result in a fine of up to $4,000 and up to one year in county jail.
• Class C misdemeanor: A Class C misdemeanor or fine-only offense can result in a fine of up to $500.

Even if the court date seemed unimportant or was only focused on preliminary matters, you can still face these harsh consequences. The failure to appear charge is based on the underlying level of your offense, not on how serious the actual court date you missed was.

Are There Hidden Ways That Missing a Court Date Can Affect My Case?

In addition to facing new charges and the other consequences outlined above, missing a court date can create an undercurrent in your existing case. You could face additional ramifications from missing a court date, such as:

• Lost trust: The judge may lose trust in you. Their decisions can be guided by this mistrust. Perhaps of more immediate concern: the prosecutor may view you differently. Any good will you may have built or were hoping to build could be out the window.
• Stricter bond conditions: If you were released on your own recognizance, you will probably have to post a cash bond and may be asked to pay a “penal sum” (fine for violating a personal recognizance bond). Other conditions can become stricter, too, such as being subject to electronic monitoring.
• More difficult plea bargains: The prosecutor will know that you missed a court date and that the court may look unfavorably on you. They may also be less likely to offer more flexible arrangements for someone whom they believe will not take the process seriously. 
• Impact on other cases: Your history of missing court dates could be used against you in other cases. It could also trigger a probation violation hearing if you were already on probation. 

Do I Have a Valid Excuse for Missing a Court Date?

Not all missed court dates are intentional. You may have a very valid reason for why you couldn’t make it to court. Texas courts may consider the following valid excuses for missing a required court date:

• Involuntary hospitalization: It’s not usually a valid excuse to miss court because you were sick, even if you went to the doctor or hospital. However, if you received formal admission records from the hospital showing that you were physically confined when your case was called, this could be a valid reason to the judge. 
• Acute medical emergency: If you suffered a medical crisis and can provide medical records from the ambulance or emergency room, the court could excuse your absence. 
• In custody in another jurisdiction: If you were currently being held in another county or federal facility and they did not transport you to the hearing, your lawyer could argue that the matter was out of your control
• Notice issues: The court may have sent notice to the wrong address or failed to notify your attorney of record about a rescheduled hearing date.

Your defense lawyer may be able to help gather evidence that could establish the legitimacy of your reason for missing a court date. 

Can I Go to Jail for Missing a Court Date in Texas? 

Yes, it is possible that you can be required to go to jail if you miss a court date. You are subject to being arrested at any time, whether police show up at your doorstep or you are pulled over for a traffic stop. Hiring an experienced attorney is the best way to avoid any surprises.

How Does My New Charge Interact with My Original Case?

Any failure to appear charge that you are now facing is in addition to your original case, not in place of it. Therefore, you may have different bond conditions, court dates, and plea agreements for these different cases. 

What Should I Do If I Missed a Court Date?

If you realized that you missed a court date for your criminal case, take these steps to protect yourself:

• Hire a criminal defense lawyer who can act on your behalf, make arguments for you, and negotiate your surrender, if necessary. 
• Ask your attorney to coordinate your appearance with the court so that you are not arrested while attempting to make a new court date.
• Gather documentation to justify your reason for missing the court date.
• Have bond ready to post.  

How Can an Attorney Help If I Failed to Appear?

Your criminal defense attorney can advocate for you every step of the way. They may be able to help by:

• Attempting to negotiate to remove the failure to appear and/or warrant altogether
• Negotiating your surrender so that police do not show up unexpectedly
• Filing a motion to recall the bench warrant and request a new court date
• Appearing in court on your behalf when possible 
• Placing an attorney appearance bond, personally guaranteeing your appearance at future court hearings
• Filing a motion to reinstate bond if the court began procedures to have your bond forfeited 

Contact Us Today for a Confidential Case Evaluation 

Reach out to the Law Office of Mike Howard for immediate legal assistance. We can discuss how we can help during your initial case assessment.