Penalties for Missing a Court Date by State (2026)
How each state charges missing a court date and the maximum penalties, from each state criminal code.
| State | Missing a court date |
|---|---|
| Alabama | Skipping a court date after being released (with or without bail) is called bail jumping in Alabama. If the pending charge is murder or a Class A or B felony, it is bail jumping in the first degree, a Class C felony (1 year and 1 day to 10 years). If the pending charge is a misdemeanor or a Class C felony, it is bail jumping in the second degree, a Class A misdemeanor (up to one year in jail); this second-degree offense does not apply to people released on traffic misdemeanors under Title 32. It is a defense that the failure to appear was unintentional or unavoidable and due to circumstances beyond the person's control. Separately, when a released defendant breaches release conditions, the court, on the prosecutor's motion, shall issue an arrest warrant and may modify or revoke release. Ala. Code §§ 13A-10-39, 13A-10-40, 13A-5-6, 13A-5-7; Ala. R. Crim. P. 7.5 |
| Alaska | Missing a court date after being released on bail or conditions is the crime of failure to appear when the person knew of the hearing and, with criminal negligence, did not appear. It is a Class C felony (up to five years and a fine up to $50,000) if the person was released on a felony charge or while awaiting sentence or appeal for a felony, and a Class A misdemeanor (up to one year and a fine up to $25,000) if released on a misdemeanor charge or as a material witness. Any bail or other security posted for the person's appearance is forfeited. It is a defense that unforeseeable circumstances outside the person's control prevented the appearance and the person contacted the court orally and in writing as soon as possible. AS 11.56.730; AS 12.55.035, 12.55.125, 12.55.135 |
| Arizona | Knowingly failing to appear when required by law in connection with a felony is failure to appear in the first degree, a class 5 felony (presumptive 1.5 years for a first offense), regardless of how the underlying charge turns out. Failing to appear on a misdemeanor or petty offense is failure to appear in the second degree, a class 1 misdemeanor (up to six months); failing to appear after signing a written promise to appear or being served a written notice to appear (such as a citation) is a class 2 misdemeanor (up to four months). A.R.S. §§ 13-2506, 13-2507, 13-702(D), 13-707 |
| Arkansas | Failure to appear is failing, without reasonable excuse, to appear in court after being cited or summoned as an accused, or after being released on condition of appearing at a set time and place. The grade follows the underlying case: a Class C felony (3 to 10 years, fine up to $10,000) when the appearance concerns a pending felony charge or its disposition; a Class D felony (up to 6 years) when it concerns an order to appear before a probation-revocation hearing for someone on probation or a suspended sentence for a felony; a Class A misdemeanor (up to 1 year) for a Class A misdemeanor charge; a Class B misdemeanor (up to 90 days) for a Class B or Class C misdemeanor charge; the same penalty as the underlying offense for an unclassified misdemeanor; and a Class C misdemeanor (up to 30 days) for a violation. Ark. Code § 5-54-120(c); 5-4-401; 5-4-201 |
| California | Missing court after being released can be a separate crime in California. A person released on their own recognizance (O.R.) on a felony charge who willfully fails to appear in order to evade the court (Pen. Code § 1320(b)), or a person released on bail on a felony charge who does so (§ 1320.5), can be charged with a misdemeanor or felony: up to 1 year in county jail or 16 months, 2 or 3 years under Penal Code § 1170(h), and/or a fine of up to $5,000 (O.R.) or $10,000 (bail). Failing to appear within 14 days of the assigned date is presumed (O.R.) or may be found (bail) to show intent to evade the court. Willfully failing to appear after O.R. release on a misdemeanor charge is itself a misdemeanor (§ 1320(a)), punishable by up to 6 months in county jail and/or a fine of up to $1,000. Cal. Pen. Code §§ 1320, 1320.5, 19, 1170(h) |
| Colorado | Colorado charges missing court while out on bond as violation of bail bond conditions. A person charged with a felony and released on bond who knowingly fails to appear in that felony case with intent to avoid prosecution commits a class 6 felony (1 year to 18 months). A person on bond for a felony or misdemeanor who intentionally fails to appear at a proceeding where victims or witnesses have appeared commits a class 2 misdemeanor (up to 120 days). Minimum jail terms (one year or six months) apply if the person was also convicted of intimidating, retaliating against or tampering with a victim or witness in the case, and a person on bond for a sex offense who violates bond is not eligible for probation. A bond-appearance violation may not be charged against a person covered by § 16-4-113(2). C.R.S. § 18-8-212 |
| Connecticut | Skipping court is a crime in Connecticut, called failure to appear. If you are charged with a felony and out on bail or other release (or on probation for a felony and called to a probation-violation hearing) and wilfully fail to appear, it is failure to appear in the first degree, a Class D felony (up to five years and a $5,000 fine). If the charge is a misdemeanor or a jailable motor vehicle violation (or you are on probation for one), it is failure to appear in the second degree, a Class A misdemeanor (up to one year and a $2,000 fine). Unless good cause is shown, a court may not issue a rearrest warrant or capias for a second-degree failure to appear before 4 p.m. on the day of the missed appearance. Conn. Gen. Stat. §§ 53a-172, 53a-173, 54-2e; Conn. Gen. Stat. §§ 53a-35a, 53a-36, 53a-41, 53a-42 |
| Delaware | If a released defendant fails to appear as required, the court must issue a warrant for the person's arrest, cancel any bail, and redetermine release conditions. Knowingly failing to appear is also a separate crime. Under the law in effect until February 1, 2027: if the person was released on one or more felony charges (or after conviction while awaiting sentence or appeal), it is a felony punishable by up to 5 years in prison, a $5,000 fine, or both; if released on misdemeanor charges, it is punishable by a fine of up to $500, up to 1 year in jail, or both. Starting February 1, 2027, the same conduct becomes a class E felony (felony charges) or a class A misdemeanor (misdemeanor charges). 11 Del. C. § 2113(a), (c); 11 Del. C. §§ 4205, 4206 |
| District of Columbia | In D.C., wilfully failing to appear in court after being released before sentencing is a crime and also forfeits any bail or security posted. If the person was released on a felony charge (or after conviction while awaiting sentence or appeal), the penalty is not less than 1 year and not more than 5 years in prison plus a fine; if released on a misdemeanor charge, not less than 90 days and not more than 180 days plus a fine. Missing a court date after notice is prima facie evidence that the failure was wilful, and any prison term for failure to appear must run consecutively to any other sentence. D.C. Code §§ 23-1327, 22-3571.01 |
| Florida | In Florida, a person released on bail or other pretrial release who willfully fails to appear in court forfeits any bail or security posted and also commits a crime. If the person was released on a felony charge (or while awaiting sentence or review after conviction of any offense), failure to appear is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine. If released on a misdemeanor charge, it is a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine. The court may also punish the failure as contempt. Fla. Stat. § 843.15; Fla. Stat. §§ 775.082, 775.083 |
| Georgia | Missing a court date after release on bail or unsecured judicial release, with actual notice of the date and without sufficient excuse, is bail jumping. If the person was charged with or convicted of a felony, it is felony-bail jumping, punished 'by imprisonment for not less than one nor more than five years,' a fine of up to $5,000, or both. If the charge or conviction was a misdemeanor, it is misdemeanor-bail jumping, a misdemeanor (up to $1,000.00 and up to 12 months in jail (§ 17-10-3)). O.C.G.A. §§ 16-10-51(a), (b); 17-10-3 |
| Hawaii | Hawaii calls missing a required court date after release bail jumping. If the person was released (with or without bail) on a felony charge and knowingly fails to appear as ordered, it is bail jumping in the first degree, a class C felony (up to 5 years). If the charge was a misdemeanor or petty misdemeanor, it is bail jumping in the second degree, a misdemeanor (up to 1 year and a $2,000 fine). HRS §§ 710-1024, 710-1025; HRS §§ 706-660, 706-663, 706-640 |
| Idaho | Missing a court date after being released (with or without bail) on the condition of coming back is called bail jumping in Idaho. Failing to appear without a lawful excuse is a misdemeanor. It becomes a felony when the court date was to answer a felony charge and the person fled or went into hiding to avoid arrest, trial or punishment. When a defendant fails to appear without sufficient excuse, the court must note the failure, order the bail forfeited, and issue a bench warrant for the person's arrest. The bail-jumping statute does not apply to appearances tied to a suspended sentence, probation or parole. Idaho Code §§ 18-7401, 19-2915(1); 18-112, 18-113 |
| Illinois | Illinois no longer charges missing court as a separate bail-jumping crime: the subsection of the Criminal Code that used to cover it now reads "(Blank)," and the remaining section punishes other pretrial-release violations (for example, possessing a firearm in violation of release conditions is a Class 4 felony, and violating release conditions in a domestic case is a Class A misdemeanor). When a person on pretrial release fails to appear, the court may issue a summons or a warrant for arrest, and the law prefers summonses over warrants whenever possible. A person who comes to court within 48 hours of being served with a failure-to-appear summons is not recorded as having missed the first date. If a person willfully violates release conditions, including by failing to appear, the court may hold a sanctions hearing; sanctions can include an admonishment, up to 30 days in county jail, or changed release conditions. 720 ILCS 5/32-10(a), (a-5), (b); 725 ILCS 5/110-3; 725 ILCS 5/110-6(c), (e), (f) |
| Indiana | Missing court after being released from custody on the condition of appearing at a set time and place, in connection with a criminal charge, is called failure to appear in Indiana. Intentionally failing to appear is a Class A misdemeanor (up to 1 year and $5,000), but it is a Level 6 felony (6 months to 2.5 years) if the underlying charge was a felony. It is no defense that the person was later not convicted of the original charge. The offense does not apply to appearances tied to a suspended sentence, probation or parole. Ind. Code § 35-44.1-2-9 (IPAC compilation, Indiana Code 2022) |
| Iowa | A person released before trial who willfully fails to appear in court as required loses any bail or security posted and commits a crime. If the person was released on a felony charge, or while awaiting sentencing or on appeal after conviction of any offense, failure to appear is a class "D" felony (up to five years). If the person was released before trial on a charge that is not a felony, it is a serious misdemeanor (up to one year and a $430 to $2,560 fine). A material witness who fails to appear commits a simple misdemeanor, and the court may also punish for contempt. Iowa Code § 811.2(8) (Iowa Code 2026) |
| Kansas | In Kansas the crime is not simply missing a court date: it is knowingly incurring a forfeiture of an appearance bond and then failing to turn oneself in within 30 days after the forfeiture. If the person was released on bond on a misdemeanor charge (in a state court other than a city municipal court), or after a final misdemeanor conviction, it is failure to appear, a class B nonperson misdemeanor (up to six months). If the charge or final conviction was a felony, it is aggravated failure to appear, a severity level 10, nonperson felony. People released on their own recognizance, or who fail to appear on a summons or traffic citation, are treated as released on bond; forfeiting a cash bond posted for a traffic infraction is not covered. K.S.A. 21-5915 |
| Kentucky | Kentucky calls missing court after release "bail jumping." A person released by court order (with or without bail) on condition of appearing at a set time and place who intentionally fails to appear commits bail jumping in the first degree, a Class D felony (1 to 5 years), if the charge was a felony, or bail jumping in the second degree, a Class A misdemeanor (up to 12 months), if the charge was a misdemeanor. The defendant may prove that the failure to appear was unavoidable and due to circumstances beyond their control. KRS 520.070, 520.080 |
| Louisiana | Missing a court date is called jumping bail in Louisiana: the intentional failure to appear at the date, time, and place ordered by the court where the defendant's case is pending. If the state proves notice was given under Code of Criminal Procedure Articles 322 and 344, notice is presumed and the defendant must show he did not receive it. When the underlying case is a misdemeanor, jumping bail is punishable by imprisonment for not more than six months, a fine of not more than five hundred dollars, or both; when the underlying case is a felony, it is punishable by imprisonment at hard labor for not more than two years. Leaving the state to avoid a court appearance is a separate crime (out-of-state bail jumping, R.S. 14:110.1.1). La. R.S. 14:110.1 |
| Maine | A defendant who has been admitted to bail (before or after conviction) and fails to appear as required commits the crime of failure to appear. It is a Class E crime (up to 6 months in jail and a fine up to $1,000) if the underlying crime was punishable by less than one year, and a Class C crime (up to 5 years and $5,000) if the underlying crime was punishable by one year or more. It is a strict liability crime, but it is an affirmative defense that the failure to appear resulted from just cause. 15 M.R.S. § 1091; 17-A M.R.S. §§ 1604(1), 1704 |
| Maryland | If a person charged with a crime who was released on bail or recognizance forfeits that bail and willfully fails to surrender, a bench warrant shall be issued for the person's arrest. Willfully failing to surrender within 30 days after the forfeiture is a separate misdemeanor. When the release was tied to a felony charge (or a post-conviction appeal or proceeding), the penalty is a fine not exceeding $5,000, imprisonment not exceeding 5 years, or both; when it was tied to a misdemeanor charge or an appearance as a witness, the penalty is a fine not exceeding $1,000, imprisonment not exceeding 1 year, or both. The court may also punish the failure as contempt. Md. Code, Crim. Proc. § 5-211 |
| Massachusetts | A person released on bail or recognizance on condition of appearing in court who fails to appear without sufficient excuse commits a crime (often called bail jumping or default). When the underlying case is a misdemeanor, the penalty is a fine of not more than $10,000, up to one year in a house of correction, or both. When the underlying case is a felony, the penalty is a fine of not more than $50,000 and up to five years in state prison or up to two and one-half years in a house of correction, or both. Any jail term for failure to appear must be served consecutively to the sentence for the original offense. M.G.L. c. 276, § 82A |
| Michigan | In Michigan, a person who absconds on or forfeits a bond given in a criminal case in which a felony is charged is guilty of a felony. Because that statute does not set its own penalty, the general felony penalty applies: imprisonment for not more than 4 years, a fine of not more than $5,000, or both. MCL 750.199a; MCL 750.503 |
| Minnesota | A person charged with or convicted of a felony who is released and intentionally fails to appear when required, after being notified that missing court is a crime or being released on condition of appearing, is guilty of failure to appear and may be sentenced to up to one-half of the maximum prison term or fine for the underlying crime, but the maximum is never less than one year and one day or a $1,500 fine. The felony charge must be dismissed if the person voluntarily surrenders within 48 hours (unless arrested). A person charged with a gross misdemeanor or misdemeanor who intentionally fails to appear for trial after such notice is guilty of a misdemeanor (up to 90 days and $1,000). It is an affirmative defense that the failure was due to circumstances beyond the person's control. Minn. Stat. §§ 609.49, 609.03 |
| Missouri | Missing court is a crime called failure to appear when a person released on a recognizance or bond, at any stage of a criminal case (including probation or parole revocation), knowingly fails to appear in court as required; it is in addition to forfeiting any bond. It is a class E felony (up to 4 years) if the case included a felony, a class A misdemeanor (up to 1 year and a $2,000 fine) if the case involved misdemeanors but no felony, and an infraction if the case involved only infractions or a municipal ordinance violation. The court may also punish the person for contempt. RSMo § 544.665; §§ 558.002, 558.011 |
| Montana | Missing court after being released by court order on condition of appearing is called bail-jumping in Montana when the person purposely fails, without lawful excuse, to appear. Bail-jumping in connection with a felony is punishable by up to 10 years in state prison; in all other cases it is punishable by a fine up to $500, up to 6 months in county jail, or both. For misdemeanor charges, the offense applies only when the judge released the defendant on his or her own recognizance (§ 45-7-308). Separately, if a defendant violates a release condition, including failing to appear, a judge may issue a warrant for the defendant's arrest and may declare posted bail forfeited (§ 46-9-503). MCA §§ 45-7-308, 46-9-503 |
| Nebraska | A person charged with a felony who is released on bail, recognizance or conditional release and willfully fails to appear in court when required, or to surrender within three days afterward, is guilty of a Class IV felony (up to 2 years in prison and 12 months of post-release supervision, a $10,000 fine, or both). A person charged with a misdemeanor or city or village ordinance violation that could carry more than 90 days in jail who willfully fails to appear is guilty of a Class II misdemeanor (up to 6 months, a $1,000 fine, or both). These penalties are in addition to any bond forfeiture or other penalty provided by law. Neb. Rev. Stat. § 29-908; §§ 28-105, 28-106 |
| Nevada | A person admitted to bail or released without bail who fails to appear as ordered, and does not surrender within 30 days after the required date, is guilty of failing to appear (NRS 199.335(1)). If the underlying case involved one or more felonies, it is a category D felony (1 to 4 years in prison and up to a $5,000 fine). If it involved only gross misdemeanors, it is a gross misdemeanor, and if only misdemeanors, a misdemeanor; in either case it becomes a category D felony if the person left Nevada intending to avoid prosecution (NRS 199.335(2)). NRS 199.335; NRS 193.130 |
| New Hampshire | A person released with or without bail who knowingly fails to appear in court as required, or fails to surrender to serve a sentence, commits the offense of default or breach of bail conditions. The penalty depends on the underlying charge: for an offense punishable by 15 years or more (or life or death), a fine up to $10,000, up to 15 years, or both; for an offense punishable by more than one year but less than 15 years, up to $5,000 and 7 years; for a class A or B misdemeanor, up to $2,000 and one year; for a violation, a fine up to $1,500; and for a material witness, up to $1,000 and one year. Any prison term must run consecutively to the sentence for any other offense. It is a defense that uncontrollable circumstances the person did not recklessly help create prevented appearance and the person appeared as soon as they ended. RSA 642:8 |
| New Jersey | Missing a court date is called bail jumping or 'default in required appearance' in New Jersey. A person released by court order (with or without bail) or issued a summons who, without lawful excuse, fails to appear commits an offense; it is an affirmative defense to prove by a preponderance of evidence that the person did not knowingly fail to appear. It is a crime of the third degree if the appearance was to answer a charge of a crime of the third degree or greater (or for disposition of such a charge) and the person took flight or went into hiding; a crime of the fourth degree if the appearance was otherwise to answer a charge of a crime; and a disorderly persons or petty disorderly persons offense, respectively, when the underlying charge was such an offense. Third degree carries three to five years; fourth degree up to 18 months; a disorderly persons offense up to 6 months. N.J.S. 2C:29-7; N.J.S. 2C:43-6(a); N.J.S. 2C:43-8 |
| New Mexico | Missing a required court date is a crime in New Mexico when a person released pending a criminal case, an appeal or a probation revocation proceeding willfully fails to appear before the court. If the person was released in connection with a felony proceeding, failure to appear is a fourth degree felony (basic sentence eighteen months, fine up to $5,000, § 31-18-15); if released in connection with a misdemeanor or petty misdemeanor proceeding, it is a petty misdemeanor (up to six months in the county jail, a fine of up to $500, or both, § 31-19-1(B)). NMSA 1978, § 31-3-9; §§ 31-18-15, 31-19-1 |
| New York | Missing a court date is called bail jumping in New York. It applies to a person released by court order on bail or their own recognizance who does not appear personally on the required date 'or voluntarily within thirty days thereafter.' Bail jumping in the third degree (any criminal action) is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000); bail jumping in the second degree, where the person was facing a felony charge, is a class E felony (up to four years); bail jumping in the first degree, where the person was facing an indictment for a class A or class B felony, is a class D felony (up to seven years). The court may secure attendance by notification or a bench warrant, but before issuing a bench warrant for a missed date it generally must give the person or their lawyer at least 48 hours' notice to appear voluntarily, unless the person was charged with a new crime while released or there is credible evidence the failure was willful. N.Y. Penal Law §§ 215.55, 215.56, 215.57, 70.00, 70.15, 80.05; CPL § 510.50 |
| North Carolina | A person released before trial who willfully fails to appear before a court or judicial official as required can be charged with failure to appear, in addition to forfeiting any bond. It is a Class I felony if the person was released in connection with a felony charge (or released under G.S. 15A-536 after conviction), and a Class 2 misdemeanor (1-30 days for a person with no prior convictions, up to 1-60 days with five or more priors, and a fine up to $1,000) if the person was released on a misdemeanor charge. Felony prison terms depend on the class and the person's prior record level under structured sentencing (G.S. 15A-1340.17). N.C. Gen. Stat. §§ 15A-543, 15A-1340.17, 15A-1340.23 |
| North Dakota | Missing a court date after being released on condition of appearing is called 'failure to appear after release - bail jumping.' A person who willfully fails to appear as required commits a class C felony (up to five years, a $10,000 fine, or both) if released on a felony charge, or while awaiting sentence or pending appeal after conviction of any crime; otherwise it is a class A misdemeanor (up to 360 days in jail, a $3,000 fine, or both). N.D.C.C. § 12.1-08-05; N.D.C.C. § 12.1-32-01 |
| Ohio | A person released on their own recognizance who fails to appear as required is guilty of failure to appear. If the release was on a felony charge (or pending appeal of a felony conviction) it is a felony of the fourth degree (six to eighteen months, fine up to $5,000); if the release was on a misdemeanor charge or to appear as a witness it is a misdemeanor of the first degree (up to 180 days in jail and a $1,000 fine). The offense does not apply to most traffic and motor-vehicle misdemeanors, except OVI (drunk driving) and certain leaving-the-scene offenses. R.C. 2937.99, 2937.29; R.C. 2929.14, 2929.18, 2929.24, 2929.28 |
| Oklahoma | Skipping court after being released on bail is called jumping bail in Oklahoma. A person released on bail, recognizance, bond or undertaking who forfeits the bail or violates the undertaking and willfully fails to surrender within five (5) days of the forfeiture commits a Class D3 felony when the bail was given in connection with a felony charge (or a pending appeal after a felony conviction), punishable by a fine of not more than One Thousand Dollars ($1,000.00), up to two (2) years in prison, or both. The statute keeps the court's separate power to punish the person for contempt. 22 O.S. § 1110; 21 O.S. § 20P(B) |
| Oregon | Missing a required court date after being released on a release agreement or security release is a crime in Oregon called failure to appear. If the pending charge is a misdemeanor, it is failure to appear in the second degree, a Class A misdemeanor (up to 364 days in jail and a fine up to $6,250). If the pending charge is a felony, it is failure to appear in the first degree, a Class C felony (up to 5 years in prison and a fine up to $125,000). The person must have knowingly failed to appear. ORS 162.195, 162.205; 161.605, 161.615, 161.625, 161.635 |
| Pennsylvania | Pennsylvania calls missing court after release default in required appearance. A person released by court order, with or without bail, on condition of appearing at a set time and place who fails to appear without lawful excuse commits a misdemeanor of the second degree (up to 2 years and a fine up to $5,000). It becomes a felony of the third degree (up to 7 years and a fine up to $15,000) when the appearance was to answer a felony charge and the person fled or went into hiding to avoid arrest, trial or punishment. The offense does not cover appearances tied to a suspended sentence, probation or parole. 18 Pa.C.S. § 5124; §§ 1101, 1103, 1104 |
| Rhode Island | When a person released on bail or recognizance in Rhode Island fails to appear as required, the default is recorded and process is issued against the people bound by the recognizance; the statute refers to the warrant issued by the court being entered into state and national databases, and bail cannot be forfeited until 45 days after that warrant is entered. Separately, a person who commits a new crime while released on bail or personal recognizance faces an added, consecutive sentence of 2 to 10 years (and/or a fine up to $5,000) if the new offense is a felony, or 90 days to 1 year (and/or a fine up to $1,000) if it is a misdemeanor. R.I. Gen. Laws §§ 12-13-16, 12-13-1.2 |
| South Carolina | In South Carolina, a person released on bond or recognizance who willfully fails to appear in court as required commits a crime. If the release was on a felony charge (or while awaiting sentencing after a conviction), the penalty is a fine of not more than five thousand dollars, up to five years in prison, or both (listed as a Class F felony). If the release was on a misdemeanor charge carrying a maximum sentence of at least one year, the penalty is a fine of not more than one thousand dollars, up to one year, or both (listed as a Class C misdemeanor). S.C. Code §§ 17-15-90, 16-1-90(F), 16-1-100(C) |
| South Dakota | In South Dakota, a person released on bail or other conditions who fails to appear in court as required forfeits any security posted and also commits a crime. If the release was on a felony charge (or the person fails to report to serve a jail or prison sentence), it is a Class 6 felony, punishable by up to two years in prison or a $4,000 fine, or both. If the release was on a misdemeanor charge, or as a material witness, it is a Class 1 misdemeanor (up to one year in county jail or a $2,000 fine, or both). The court's contempt powers are not affected. SDCL 23A-43-31, 23A-43-32, 22-6-1, 22-6-2 |
| Tennessee | It is a crime to knowingly fail to appear as directed by a lawful authority after being issued a criminal summons or a citation in lieu of arrest, being commanded to appear for booking, or being released on condition of a later appearance, or to knowingly go into hiding to avoid prosecution or a court appearance. It is a defense that the person had a reasonable excuse, or that the appearance was required by a probation or parole officer as part of supervision. Failure to appear is a Class A misdemeanor (up to 11 months 29 days and/or $2,500), and any sentence for it must be served consecutively to the sentence for the underlying offense; the statute as read does not set a different grade for felony charges. Tenn. Code Ann. §§ 39-16-609(a), (b), (d), (e); 40-35-111(e)(1) |
| Texas | Missing a court date after being released (with or without bail) on condition of appearing is called bail jumping and failure to appear in Texas. It is a Class A misdemeanor (up to one year in jail and/or a $4,000 fine) in most cases; a Class C misdemeanor (fine up to $500) if the charge you were due in court for is punishable by fine only; and a third-degree felony (2 to 10 years) if that charge is a felony. Having a reasonable excuse is a defense. Tex. Penal Code §§ 38.10(a), (c)-(f); 12.21; 12.23; 12.34 |
| Utah | Missing a court date after being granted pretrial release on condition of appearing, without just cause, is called unlawful absence after pretrial release in Utah. It is a third degree felony (up to 5 years and a $5,000 fine) if the charge you missed court on is a felony, a class B misdemeanor (up to six months and a $1,000 fine) if that charge is a misdemeanor, and an infraction if that charge is an infraction. Utah Code §§ 76-8-312(2)-(3); 76-3-203; 76-3-204; 76-3-301 |
| Vermont | A person released with or without bail on condition of appearing in court who fails to appear without just cause can be imprisoned up to two years and/or fined up to $5,000 (a misdemeanor, since the maximum is not more than two years). The same penalty applies whether the underlying charge is a misdemeanor or a felony. A police officer may arrest the person without a warrant if there is probable cause that they failed to appear without just cause. 13 V.S.A. § 7559(c)-(d); 13 V.S.A. § 1 |
| Virginia | Willfully failing to appear in court after release on bail, recognizance or a summons is a crime in Virginia. If the person was charged with (or convicted and on a suspended sentence for) a felony, it is a Class 6 felony (1 to 5 years, or up to 12 months in jail and/or a $2,500 fine); for a misdemeanor it is a Class 1 misdemeanor (up to 12 months and/or $2,500). Any bond can also be forfeited. 'Willfully' means intentionally trying to avoid the court process, and the court must consider reasons such as illness, unforeseen transportation problems, lack of dependent care, and steps taken to fix the missed date; the law does not apply to someone who was in jail or custody at the time. Va. Code §§ 19.2-128(A)-(D); 18.2-10; 18.2-11 |
| Washington | Since 2020 Washington has two crimes for missing court. Bail jumping applies when a released person misses a trial date after written notice, or when a person held for or charged with a violent or sex offense misses court or fails to report to jail and then does not move to quash the warrant within 30 days (or has a prior warrant in the same case); it is a class A, B or C felony depending on the underlying charge, or a misdemeanor if the underlying charge is a misdemeanor or gross misdemeanor. In other cases the crime is failure to appear or surrender, which also requires not moving to quash the warrant within 30 days (or a prior warrant in the case): a gross misdemeanor if the underlying charge is a felony and a misdemeanor if it is a misdemeanor or gross misdemeanor. Uncontrollable circumstances are an affirmative defense to both. RCW 9A.76.170; 9A.76.190; 9A.20.021 |
| West Virginia | Missing a court date after being released on bail or personal recognizance is a crime in West Virginia when the failure is willful and without just cause. If the person was released on a felony charge or conviction, failure to appear is a felony punishable by a fine of not more than $5,000, imprisonment of not less than one nor more than five years, or both. If the underlying charge was a misdemeanor, it is a misdemeanor punishable by a fine of not more than $1,000, up to one year in county jail, or both; these penalties are in addition to any forfeiture of bail. The court may issue a capias or bench warrant if the defendant received effective notice (written notice sent at least 10 days before the hearing); absent good cause, a capias may not issue until 24 hours after the missed appearance, and a defendant who voluntarily appears within those 24 hours is not subject to prosecution under this section. W. Va. Code § 62-1C-17b |
| Wisconsin | Wisconsin charges missing court (or breaking any other bond condition) as bail jumping: a person released from custody under the bail chapter who intentionally fails to comply with the terms of the bond. If the pending charge is a misdemeanor, bail jumping is a Class A misdemeanor (a fine not to exceed $10,000, imprisonment not to exceed 9 months, or both). If the pending charge is a felony, it is a Class H felony (a fine not to exceed $10,000, imprisonment not to exceed 6 years, or both). A witness for whom bail was required who fails to appear commits a Class I felony. Wis. Stat. §§ 946.49, 939.50(3)(h)-(i), 939.51(3)(a) |
| Wyoming | Wyoming handles missing court mainly through its court rules rather than a separate failure-to-appear crime in the criminal code. Under Rule 46.4 of the Wyoming Rules of Criminal Procedure, a person released on bail or other conditions who knowingly fails to appear as required, or fails to surrender to serve a sentence, may be punished for contempt; it is a defense that uncontrollable circumstances prevented the appearance and the person appeared as soon as they ended. If the person signed an appearance bond, the judge may declare the posted property forfeited. For a violation of release conditions, a warrant may issue for the person's arrest, and release may be revoked after a hearing. Separately, refusing or intentionally failing to obey a served subpoena is a misdemeanor punishable by up to six (6) months, a fine of up to $750.00, or both. Wyo. R. Crim. P. 46.4(a)-(c); W.S. 6-5-306(a) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.