Can You Be Charged With a Crime for Failing to Appear in Court?

If you or someone you know missed a court date in Philadelphia or anywhere in Pennsylvania, it’s essential to understand what happens next and what steps can be taken to minimize the damage. Ignoring the problem will only make it worse.

What Is “Failure to Appear” in Pennsylvania?

Failing to appear (FTA) occurs when a person does not show up for a required court appearance. This can happen in both criminal and traffic cases, including:

• Preliminary hearings

• Bail hearings

• Pretrial conferences

• Trials

• Sentencing

• Traffic citations with court mandates

Even if you didn’t intend to skip court—or if you forgot, were sick, or had transportation issues—the judge may issue a bench warrant for your arrest.

What Happens When You Miss Court?

When you fail to appear, the court will typically:

1. Issue a bench warrant for your arrest

2. Forfeit any bail or bond you may have posted

3. Suspend your driver’s license (for missed traffic or DUI-related appearances)

4. Possibly add a new criminal charge: “Default in required appearance” under 18 Pa. C.S. § 5124

Depending on your original charge and why you missed court, you could face a misdemeanor or felony for failing to appear.

Criminal Penalties for Failure to Appear

The penalties for failing to appear vary depending on the underlying case:

• If the original offense is a summary charge (like a traffic ticket):

  • May result in a fine and license suspension

• If the original offense is a misdemeanor:

  • FTA is charged as a second-degree misdemeanor

  • Penalty: Up to 2 years in jail and a $5,000 fine

• If the original offense is a felony:

  • FTA is charged as a third-degree felony

  • Penalty: Up to 7 years in prison and a $15,000 fine

In addition to those criminal penalties, the judge may set stricter bail, or remand you to jail until your case is resolved.

Why Do People Miss Court?

Missing court isn’t always intentional. Common (and often legitimate) reasons include:

• Not receiving the court notice in the mail

• Forgetting the date or time

• Medical emergencies

• Childcare issues

• Fear or anxiety about the legal process

• Transportation problems

If this happened to you, acting quickly is key. Judges may be more lenient if you voluntarily address the issue rather than wait to be arrested.

What Should You Do If You Missed Your Court Date?

✅ Contact a criminal defense attorney immediately
✅ Do not wait to be arrested on a bench warrant
✅ Your lawyer can file a motion to quash the warrant or schedule a surrender and new court date
✅ Gather any proof of your excuse (e.g., hospital records, missed notice, car repair invoice)
✅ Do not ignore the problem—judges take no-shows seriously

In many cases, your lawyer can resolve the matter without jail time, especially if it’s your first missed appearance.

Can You Be Arrested for a Missed Traffic Ticket Court Date?

Yes. Even for something as simple as a speeding ticket, failing to appear when required can lead to a bench warrant and driver’s license suspension under PennDOT rules.

In Philadelphia, these cases often pile up and result in default judgments, fines, and eventual warrants. A traffic attorney can help reopen the case and negotiate a better outcome.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you’ve missed court—or have a bench warrant due to failure to appear—don’t make the mistake of ignoring it. With over 30 years of experience in Philadelphia’s criminal and traffic courts, Mark D. Hauser can help you clear your warrant, avoid additional charges, and protect your record.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.