Fort Lauderdale Criminal Attorney Blog
As a criminal defense attorney practicing in Fort Lauderdale, I’ve received more than a few panicked phone calls that start: “I missed my court date. What do I do now?” The anxiety in their voices is palpable, and for good reason: missing a court appearance can transform a manageable legal situation into a potential crisis.
But the good news is that with the help of proper legal counsel, there are steps you can take to minimize the fallout.
Understanding Court Appearances in Florida
First, let’s clarify what we’re talking about. Court appearances in Florida aren’t just for serious felonies. You might be required to appear for a wide range of matters, including:
- Traffic violations beyond simple speeding tickets (DUI, reckless driving, driving with a suspended license)
- Misdemeanors like petit theft, battery, disorderly conduct, or possession of marijuana
- Felonies ranging from drug possession to aggravated assault
- Probation violation hearings
- Pretrial conferences and status hearings
- Arraignments where you enter your initial plea
Some people assume that minor charges mean they can skip court without serious consequences. This is a dangerous misconception. Whether you’re facing a misdemeanor trespassing charge or a third-degree felony, the court expects you to appear when ordered.
What the Law Says: Florida Statute § 843.15
Florida doesn’t take missed court dates lightly. Under Florida Statute § 843.15, failure to appear for a court date in a criminal case is itself a separate crime. Here’s what you need to know:
If you were released on bail or your own recognizance and fail to appear for a felony charge, you’ve committed a third-degree felony—punishable by up to five years in prison. If you fail to appear for a misdemeanor charge, you’ve committed a first-degree misdemeanor—punishable by up to one year in jail.
Per F.S. 901.31, if you fail to obey a written promise to appear, you can be fined up to the maximum fine and/or sentenced to the maximum sentence of imprisonment on the principle charge – regardless of the disposition of the original charge.
Per F.S. 901.11, if you fail to appear as commanded by a summons without good cause, that’s considered an indirect criminal contempt of court, and can be punished by a $100 fine. Beyond that, the judge can issue a warrant for your arrest.
What Happens Immediately After You Miss Court
The moment you fail to appear, several things typically happen in quick succession:
1. The Judge Issues a Bench Warrant
Within minutes of your absence, the judge will likely issue a bench warrant for your arrest. As a Fort Lauderdale criminal defense lawyer can explain, this isn’t a “we’ll get around to it eventually” situation. The warrant goes into the system immediately, meaning any interaction with law enforcement—a traffic stop, an airport security check, even a routine identification check—can result in your arrest on the spot.
2. Your Bond May Be Revoked or Forfeited
If you posted bail, you’ve likely violated the conditions of your release. The court may forfeit your bond, meaning you or your bondsman loses that money. When you’re eventually taken into custody, the judge may set a higher bond or deny bond altogether, viewing you as a flight risk.
3. Additional Charges May Be Filed
As mentioned above, the State Attorney’s office can—and often does—file additional charges under Florida Statute § 843.15 for failure to appear. Now you’re defending against both your original charge and a new criminal offense.
4. Your Case Proceeds Without You
In some traffic and misdemeanor cases, the court may proceed in your absence, potentially entering a guilty verdict or judgment against you (known as a “default judgment”) without hearing your side of the story.
Why Do People Miss Court? (And Why It Doesn’t Matter)
Over the years, I’ve heard every reason imaginable:
- “I forgot the date”
- “My car broke down”
- “I was in the hospital”
- “I had to work and couldn’t get time off”
- “I was caring for a sick family member”
- “I was too scared to go”
- “I thought my attorney was handling it”
- “I never received the notice”
Some of these reasons are understandable. Some are even legitimate emergencies. But here’s the hard truth: the court doesn’t automatically care why you missed your appearance. The burden is on you to notify the court beforehand if you have a legitimate conflict, or to remedy the situation immediately afterward.
The legal system operates on the principle that you were given notice and an opportunity to appear. Whether your reasons were valid or not, you still need to take specific legal steps to address the failure to appear—and hoping the problem goes away is not a strategy. The fact that your original legal problem is not further compounded makes it all the more important to hire a criminal defense lawyer right away to help you navigate the system from here.
The Ripple Effects You Might Not Expect
Beyond the immediate legal consequences, a missed court date can affect your life in ways you might not anticipate:
- Employment complications: A warrant shows up on background checks, potentially costing you job opportunities or even your current position.
- Housing issues: Landlords routinely run background checks. An outstanding warrant is a red flag.
- Driver’s license suspension: For many offenses, the DMV will suspend your license when you fail to appear.
- Immigration consequences: For non-citizens, a failure to appear can have devastating effects on immigration status, pending applications, or future admissibility.
- Constant anxiety: Living with an outstanding warrant means constantly looking over your shoulder, unable to travel freely or live normally.
What You Should Do Right Now
If you’ve missed a court date, time is not on your side. Here’s what you need to do:
1. Don’t Ignore It
The worst thing you can do is nothing. The warrant won’t disappear. The charges won’t go away. The longer you wait, the worse your situation becomes and the less sympathy the court will have when you finally address it.
2. Contact a Criminal Defense Attorney Immediately
This is not a DIY situation. Before you do anything else—before you call the court, before you turn yourself in, before you try to explain what happened—call an experienced criminal defense lawyer.
Why? Because how you handle the next steps can mean the difference between a quick resolution and months of additional legal problems.
3. Do NOT Turn Yourself In Without Legal Representation
Many people think they should just go to the courthouse or police station and turn themselves in. While the impulse is understandable, doing this without an attorney is a mistake. Once you’re in custody, you’ve lost leverage and options.
