Missed Court in Iowa: What Happens Next

Iowa failure to appear law

In Iowa, 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: class D felony. Willfully failing to appear after release on a felony charge (or while awaiting sentence or appeal) is a class D felony, on top of forfeiting any security. (Iowa Code § 811.2(8))

  willfully fails to appear before any court or magistrate as required shall, in addition to the forfeiture of any security given or pledged for the person's release, if the person was released in connection with a charge which constitutes a felony, or while awaiting sentence or pending appeal after conviction of any public offense, be guilty of a class "D" felony.

• Released on a misdemeanor charge: serious misdemeanor. Willfully failing to appear after release on a non-felony charge is a serious misdemeanor. (Iowa Code § 811.2(8))

  If the defendant was released before conviction or acquittal in connection with a charge which constitutes any public offense not a felony, the defendant shall be guilty of a serious misdemeanor.

• Summons or citation: simple misdemeanor. Willfully failing to appear in court as a citation requires is a simple misdemeanor. (Iowa Code § 805.5)

  Any person who willfully fails to appear in court as specified by the citation shall be guilty of a simple misdemeanor.

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

When a date is missed, the court’s order is called a arrest warrant (Iowa Code § 805.5).

Driver’s license after a missed traffic date in Iowa

No stand-alone license suspension for a missed date was found; the DOT must suspend the license of a person convicted of a motor vehicle violation who fails to pay the fine, surcharge or costs, and a forfeited traffic bail counts as a conviction. (Iowa Code § 321.210A)

The department shall suspend the driver's license of a person who, upon conviction of violating a law regulating the operation of a motor vehicle, has failed to pay the criminal fine or penalty, surcharge, or court costs

Bail and bonds after a missed date in Iowa

On application, the court may set aside a forfeiture judgment if within 150 days the defendant surrenders, is delivered by the sureties, or the court finds it warranted. (Iowa Code § 811.6(3))

Window to ask the court to set the forfeiture aside: 150 days from the forfeiture judgment.

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

How to deal with a missed date in Iowa

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.

• The court system’s own guide: Iowa Judicial Branch: representing yourself
• Official case search: Iowa Judicial Branch case search
• How to check for a warrant in Iowa