Missed Court in Delaware: What Happens Next

What Delaware law says can follow a missed court date: whether it is a separate crime, the driver’s license rule for traffic cases, what happens to bail, and the court’s own next steps. It runs in your browser and nothing is stored.

What kind of case was the court date for?
How was the person released before the date?

Pick the state, the kind of case and how the person was released to see what that state’s law says.

Delaware failure to appear law

In Delaware, missing a required court date after release can be charged as its own crime. The statute grades it by the kind of case:

  • Released on a felony charge: felony (up to 5 years, $5,000 fine, or both). Knowingly failing to appear after release on a felony charge is a felony punishable by up to 5 years, a $5,000 fine, or both. (11 Del. C. § 2113(c))
    the defendant shall be guilty of a felony and punished by imprisonment not to exceed 5 years, or a fine of $5,000, or both
    Note: Version effective until Feb. 1, 2027; from Feb. 1, 2027 the felony-release offense becomes a class E felony (85 Del. Laws c. 324).
  • Released on a misdemeanor charge: up to 1 year, $500 fine, or both. Knowingly failing to appear after release on a misdemeanor charge is punishable by a fine of up to $500, up to 1 year in prison, or both. (11 Del. C. § 2113(c))
    the defendant shall be fined not more than $500, or imprisoned not more than 1 year, or both
    Note: Version effective until Feb. 1, 2027; from Feb. 1, 2027 the misdemeanor-release offense becomes a class A misdemeanor (85 Del. Laws c. 324).

The statute’s mental-state words are “knowingly”, so the reason the date was missed can matter.

When a date is missed, the court’s order is called a capias (Del. Super. Ct. Crim. R. 4(f)).

Driver’s license after a missed traffic date in Delaware

The DMV may suspend the driving privileges of a person reported for not complying with a traffic citation or summons ordering an appearance (not for parking violations). (21 Del. C. § 2733(l))

the Department may, upon receiving a record, notice, or certification of noncompliance by a person for a citation, summons, ticket, or other document issued by an arresting officer for violation of a traffic law, ordinance, rule, or regulation ordering the arrested motorist to appear, suspend the

Bail and bonds after a missed date in Delaware

The court may set aside a bail forfeiture in whole or in part on conditions it imposes; the rule sets no fixed deadline. (Del. Super. Ct. Crim. R. 46(e)(2))

To compare what posting bail costs in Delaware, see the Delaware bail bond calculator.

How to deal with a missed date in Delaware

Only the court that set the date can recall a warrant or give a new date. Contact that court’s clerk, or the lawyer or public defender on the case, who can ask the court to recall or quash the warrant.

What this page does not do

  • It does not check whether a warrant was issued in any case or whether anyone will be arrested.
  • Whether a separate failure-to-appear charge is filed is the prosecutor’s decision; what happens to bail is the court’s.
  • It collects nothing; your choices stay in your browser.

Frequently Asked Questions

Is failure to appear a crime in Delaware?

Yes. Released on a felony charge: felony (up to 5 years, $5,000 fine, or both) under 11 Del. C. § 2113(c); Released on a misdemeanor charge: up to 1 year, $500 fine, or both under 11 Del. C. § 2113(c).

Is missing court a felony in Delaware?

In some cases. released on a felony charge: felony (up to 5 years, $5,000 fine, or both) under 11 Del. C. § 2113(c). Otherwise: released on a misdemeanor charge: up to 1 year, $500 fine, or both under 11 Del. C. § 2113(c).

Will Delaware suspend my license for missing a traffic court date?

The DMV may suspend the driving privileges of a person reported for not complying with a traffic citation or summons ordering an appearance (not for parking violations). The rule is in 21 Del. C. § 2733(l).

Sources

Checked against the sources above on October 20, 2026.

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