What is “Failure to Appear in Court”?

According to Wikipedia, a “failure to appear” (FTA), commonly known as “bail jumping,” occurs when a defendant or respondent fails to appear in court as required by a summons [1]. In the United States, criminal defendants who commit FTAs face fines, imprisonment, or both.

The severity of the punishment depends on the seriousness of the criminal charges that were the subject of the missed proceeding. An FTA may trigger a bench warrant for the defendant’s arrest and impair their eligibility for bail and pretrial release in subsequent proceedings

State Responses to “Failure to Appear”

In the United States, responses to “failure to appear” (FTA) in court vary widely across states [2].

When coupled with a range of severe and counterproductive consequences, court responses to “failure to appear” (FTA) may actually make our communities less safe.

Our analysis of 83 laws, including those in Washington, D.C., using the National Conference of State Legislature’s Statutory Responses to Failure to Appear database, reveals that FTA policies tend to focus more on punishment than on improving court appearance rates.

Punishments and Accommodations

Penalties: 49 jurisdictions, including Washington, D.C., impose additional criminal penalties such as fines and imprisonment for FTA.
Intent Consideration: 40 jurisdictions consider the defendant’s intentions for missing court to some degree.
Defense Opportunities: 23 states allow individuals to defend themselves and prove they were not intentionally evading court.
Strict Liability: Four states—Maine, Michigan, Mississippi, and South Dakota—enforce strict liability for FTA, requiring no evidence of intent.
Grace Periods: 14 states offer a grace period for defendants to appear in court before facing consequences.
Jurisdictional Treatment: Three states differentiate treatment based on whether the individual has left the state.

Impact on Defendants

Missed court appearances can significantly affect a defendant’s involvement in the criminal legal system. FTAs negatively influence pretrial risk assessments, often leading to pretrial detention or stringent release conditions like electronic monitoring. These outcomes disproportionately affect poorer defendants who may miss court due to lack of childcare, transportation, or inability to take time off work.

Systemic Issues

Risk assessment tools, which rely on demographic data and past court attendance rather than personal circumstances, exacerbate the challenges that lead to missed court dates. Even in jurisdictions without these tools, judges may view missed appearances as a lack of seriousness, leading to pretrial detention and further system inefficiencies.

Unacceptable Excuses for Missing a Court Appearance

Work or School Commitments: Prioritizing work or school over a court appearance is not considered a valid excuse.
Forgetting or Running Late: Simply forgetting your court date or arriving late is unacceptable.
Address Change Issues: Failing to receive your court date notification due to not updating your address is not a valid excuse.
Minor to Moderate Illness: Minor illnesses, such as colds or mild flu, do not justify missing a court appearance.
Anxiety or Nervousness: Feeling anxious or nervous about attending court is not an acceptable reason.
Routine Medical Appointments: Doctor or dentist appointments that can be rescheduled are not valid excuses.
Consequences

While these reasons may seem justified to you, they will not excuse your absence from court, and you will likely face legal and financial penalties. This list is not exhaustive, but if you miss your court date, you must have a significant and court-recognized reason to avoid penalties.

Valid Excuses for Missing a Court Appearance

Lack of Notification
One of the most acceptable reasons for missing a court appearance is not being properly notified of the hearing date [3].

If the court didn’t send out your date, you can reasonably explain your situation to the judge. If the court makes the error, you have a valid excuse. However, if you’re moving during the time of your court appearance, be sure to update your address as they will send the information to the address they have on file.

Health or Family Emergency
A legitimate health or family emergency can be a valid excuse, provided you can substantiate it with appropriate documentation. While a minor cold won’t suffice, being hospitalized or proving you cannot safely attend your hearing will be considered by the judge.

Lawyer Withdrawal
If your attorney withdraws from your case at the last minute, this can be grounds to reschedule your court appearance to secure proper legal representation. However, you must act promptly to find a new lawyer if given a few weeks’ notice.

Conclusion
Always strive to attend your court hearings as required under your bail conditions. Missing court can lead to additional legal complications, so do everything possible to ensure you make your scheduled appearance.

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References:
1. https://en.wikipedia.org/wiki/Failure_to_appear
2. https://www.prisonpolicy.org/blog/2023/08/15/fta/
3. https://capitol-bail-bonds.com/good-cause-for-failure-to-appear-in-court/

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