Missing a scheduled court appearance in Connecticut can have serious consequences. Depending on the circumstances, the court may issue a rearrest warrant, order the forfeiture of an existing bond, impose new release conditions or pursue an additional failure-to-appear charge.
If you or a loved one has missed court, it is important to address the situation promptly. Ignoring the missed appearance may allow the problem to become more difficult and expensive to resolve.
What Happens Immediately After You Miss Court?
The exact response depends on the type of case, the reason for the absence and the judge’s decision. Possible consequences include:
- A rearrest warrant or capias being issued
- Forfeiture of the existing bail bond
- Notification of the surety or bail bond company
- New or stricter conditions of release
- A higher bond amount after rearrest
- An additional criminal charge for failure to appear
A warrant can remain active until the person is taken into custody or the court addresses it. This means the person could potentially be arrested during a traffic stop, at home, at work or during another interaction with law enforcement.
Is Missing Court a Separate Crime in Connecticut?
It can be. Connecticut law distinguishes between failure to appear in the first degree and failure to appear in the second degree.
Failure to Appear in the First Degree
Under Connecticut General Statutes § 53a-172, a person may be charged with failure to appear in the first degree when the person is facing a felony charge, is out on bail or another form of release and willfully fails to appear when legally required.
Failure to appear in the first degree is classified as a Class D felony.
Failure to Appear in the Second Degree
Under Connecticut General Statutes § 53a-173, failure to appear in the second degree generally applies when a person willfully misses court while facing a misdemeanor or a motor vehicle violation for which imprisonment may be imposed.
Failure to appear in the second degree is classified as a Class A misdemeanor.
The word “willfully” is important. Missing court does not automatically mean someone will be convicted of failure to appear. The circumstances and the person’s reason for not appearing can matter. However, the missed appearance should still be addressed immediately, even if it was accidental or caused by an emergency.
What Happens to the Existing Bail Bond?
If someone was released through a surety bond and fails to appear, the court may order the bond forfeited. For a surety bond of $500 or more that is ordered forfeited, Connecticut law requires the court to issue a rearrest warrant or capias, notify the surety and stay execution of the forfeiture for six months.
Under Connecticut General Statutes § 54-65a, a person who voluntarily returns to court within five business days may have an opportunity to preserve the existing bond. The court has discretion to vacate the forfeiture and reinstate the bond if it finds that the failure to appear was not willful.
This is not automatic. The judge decides whether the circumstances justify reinstating the bond.
If the defendant is returned to custody under the warrant, the previous bond may be terminated and the court can establish new conditions of release. Those conditions could include a different bond amount.
What If You Missed Court Accidentally?
Court dates can be missed because of confusion, transportation problems, illness, hospitalization, an incorrect address or another unexpected situation. An accidental absence should not be ignored.
If you realize you missed court:
- Contact your attorney immediately.
- Contact the clerk’s office for the Connecticut Superior Court handling your case.
- Confirm whether a warrant was issued.
- Gather documentation explaining the absence, such as hospital or emergency records.
- Follow your attorney’s instructions about returning to court or addressing the warrant.
- If a new bond may be required, contact your bail bond company.
Do not assume that simply calling the courthouse will automatically cancel a warrant. A judge may need to address the missed appearance.
Can You Be Arrested After Missing Court?
Yes. If the court issues a rearrest warrant or capias, law enforcement can take the person into custody. After the arrest, the person may be brought before the court and new release conditions may be imposed.
The judge may consider several factors when setting those conditions, including the original charges, the circumstances surrounding the missed appearance, the person’s history of appearing in court and the likelihood that the person will attend future proceedings.
Can the Court Date Simply Be Rescheduled?
A court date cannot generally be rescheduled by the defendant simply choosing another day. Before the scheduled appearance, an attorney may be able to request a continuance, but only the court can approve it.
After the date has already been missed, the defendant or the defendant’s attorney should contact the appropriate court promptly. The next step will depend on whether the court issued a warrant, forfeited a bond or scheduled another appearance.
Do You Need Another Bail Bond After a Failure to Appear?
Possibly. If the original bond is terminated or the court establishes a new bond following rearrest, another bail bond may be needed before the person can be released.
The new amount and conditions are determined by the court. A bail bondsman cannot cancel a warrant, remove a failure-to-appear charge or guarantee that someone will be released. However, a licensed bondsman can explain the bonding process and help post an eligible bond once the court or another authorized official establishes the conditions of release.
Address a Missed Court Date as Quickly as Possible
A missed court appearance does not usually become easier to resolve with time. Acting promptly may provide more options, particularly when the absence was caused by an honest mistake or an emergency.
If you or a loved one has been arrested on a failure-to-appear warrant and a new bond has been set, Afford-a-Bail is available 24 hours a day to help you understand the bail process. With more than 25 years in business and over 300 combined Google reviews, our team provides professional bail bond assistance throughout Connecticut.
Call (860) 727-9121 to speak with Afford-a-Bail or Find an Agent
This article provides general information about Connecticut bail procedures and is not legal advice. Court procedures and the consequences of a missed appearance depend on the facts of each case. Contact a qualified Connecticut attorney for advice about a specific legal matter.
