A forgotten court date might seem like a simple mistake—but in California, it can quickly turn into a serious criminal offense. Whether you missed a hearing for a traffic ticket, misdemeanor, or felony case, the court may issue a bench warrant for your arrest and add new charges under California Penal Code § 1320 or § 1320.5. Suddenly, you're not just facing your original charges—now you're dealing with a failure to appear (FTA) offense, too.
At Law Office of Michael L. Fell, we’ve helped countless Southern California clients navigate the fallout from missed court appearances. If you've been charged with failure to appear or suspect a warrant has been issued, it's critical to understand what you're up against—and how you can still take control of the situation.
What Is Considered “Failure to Appear” in California?
Failure to appear means you knowingly missed a scheduled court appearance without a valid excuse. This can happen in connection with:
- Criminal arraignments or hearings
- Traffic infractions that require a court appearance
- Court dates after being released on bail or own recognizance
- Sentencing or probation violation hearings
In most cases, the court responds by issuing a bench warrant, authorizing law enforcement to arrest you. Depending on the nature of your original charge, FTA can be prosecuted as either a misdemeanor or felony, and it often results in additional penalties and complications.
Why FTA Is More Serious Than You Might Think
Failing to appear doesn’t just annoy the court—it’s viewed as a breach of trust and a sign that you’re unwilling to follow court orders. This perception can:
- Result in a revocation of bail or increased bail amount
- Jeopardize chances of a favorable plea deal
- Lead to driver’s license suspension in traffic-related cases
- Trigger additional criminal charges, including separate penalties for the FTA itself
- Affect future bond or release eligibility
In felony cases, FTA under Penal Code § 1320.5 can carry up to three years in prison. Even for lower-level offenses, the consequences can be far-reaching if you don’t take immediate action.
Valid Reasons for Missing Court—And How They’re Handled
Not every missed appearance is intentional. Life happens—medical emergencies, car accidents, or even simple confusion about the date. While valid excuses exist, the court expects documentation and immediate follow-up.
If you missed court due to:
- A medical emergency or hospitalization
- A death in the family
- Transportation problems beyond your control
- Miscommunication from legal counsel or the court
...you may still be able to explain the situation and avoid additional charges or jail time. But waiting too long to address the issue makes it much harder to resolve.
What to Do If You've Missed a Court Date
If you've missed a required appearance, the worst thing you can do is ignore it. Here's what to do instead:
- Contact an experienced criminal defense attorney immediately.
At Law Office of Michael L. Fell, we can check if a bench warrant has been issued and begin working to recall or quash the warrant. - Do not wait to be arrested.
Voluntarily addressing the warrant shows the court you're taking the situation seriously, which can work in your favor. - Be prepared to appear in court with legal representation.
An attorney can help you present mitigating circumstances, explain your absence, and request the warrant be lifted. - Address the root issue.
Whether you're dealing with a traffic matter or a pending criminal charge, your attorney can help you resolve the original case as efficiently and favorably as possible.
Don’t Let One Missed Date Derail Your Future
Failure to appear charges can snowball quickly—but they don’t have to define your case. At Law Office of Michael L. Fell, we help clients get back on track, avoid arrest, and restore credibility in the courtroom. If you've missed a court date in Southern California or suspect a warrant has been issued, call (949) 585-9055 today for a confidential consultation.