Missed Court in Indiana: What Happens Next

Indiana failure to appear law

In Indiana, 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: Level 6 felony. Intentionally failing to appear after release on a felony charge is a Level 6 felony. (IC 35-44.1-2-9(a))

  However, the offense is a Level 6 felony if the charge was a felony charge.

  Note: Read in the 2022 official IPAC edition of Title 35; the current text on iga.in.gov could not be opened.
• Released on a misdemeanor charge: Class A misdemeanor. Intentionally failing to appear after release from detention on condition of appearing is failure to appear, a Class A misdemeanor. (IC 35-44.1-2-9(a))

  Sec. 9. (a) A person who, having been released from lawful detention on condition that the person appear at a specified time and place in connection with a charge of a crime, intentionally fails to appear at that time and place commits failure to appear, a Class A misdemeanor.

  Note: Read in the 2022 official IPAC edition of Title 35; the current text on iga.in.gov could not be opened.
• Summons or citation: Class C misdemeanor. Intentionally failing to appear on a summons is failure to respond to a summons, a Class C misdemeanor. (IC 35-44.1-2-10(a))

  intentionally fails to appear at the specified time and place commits failure to respond to a summons, a Class C misdemeanor.

  Note: Read in the 2022 official IPAC edition of Title 35; the current text on iga.in.gov could not be opened.

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

When a date is missed, the court’s order is called a arrest warrant (IC 27-10-2-12 (as described in Flowers v. State, Ind. Ct. App. 2025)).

Driver’s license after a missed traffic date in Indiana

Failing to appear on a citation, or not paying after judgment, may lead the BMV to suspend driving privileges once the court reports it; privileges return when the court notifies the BMV. (Indiana BMV: Common traffic violations)

Failing to appear before a court of law in response to a citation issued by a law enforcement officer or not paying for tickets after a judgment has been rendered may lead to the suspension of your driving privileges.

Bail and bonds after a missed date in Indiana

As the Court of Appeals describes IC 27-10-2-12, the bail agent and surety have 365 days to produce the defendant or show why they cannot. (IC 27-10-2-12 (as described in Ind. Ct. App. No. 21A-CR-220, 2021))

Window to ask the court to set the forfeiture aside: 365 days for the surety to produce the defendant.

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

How to deal with a missed date in Indiana

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.

• An example county court guide: Warren County Circuit Court: how do I get a question answered
• Official case search: MyCase (Indiana statewide case search)
• How to check for a warrant in Indiana