Missed Court in Maine: What Happens Next

Maine failure to appear law

In Maine, 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 C crime. A defendant on bail who in fact fails to appear commits a Class C crime when the underlying crime carries a maximum of one year or more. (15 M.R.S. § 1091)

  A defendant who has been admitted to either preconviction or postconviction bail and who, in fact, fails to appear as required is guilty of:

• Released on a misdemeanor charge: Class E crime. A defendant on bail who in fact fails to appear commits a Class E crime when the underlying crime carries a maximum under one year. (15 M.R.S. § 1091)

  A defendant who has been admitted to either preconviction or postconviction bail and who, in fact, fails to appear as required is guilty of:

• Summons or citation: Class E crime. Failing to appear as directed by a criminal summons is a Class E crime, and the court may issue a warrant of arrest. (17-A M.R.S. § 15-A(4))

  Any person who fails to appear in court as directed by a summons served on that person pursuant to subsection 1 or to otherwise respond in accordance with law on or before the date specified in the summons commits a Class E crime. Upon that person's failure to appear or respond, the court may issue a warrant of arrest.

The statute’s mental-state words are “none required (strict liability; just-cause defense)”, so the reason the date was missed can matter.

When a date is missed, the court’s order is called a bench warrant (M.R.U. Crim. P. 4).

Driver’s license after a missed traffic date in Maine

If a person fails to answer a traffic infraction, appear for trial or pay the fine, the clerk must suspend the license until the person answers, appears or pays, plus a $50 reinstatement fee. (29-A M.R.S. § 2608)

fails to appear for trial or pay a fine assessed in any traffic infraction proceeding, the clerk shall suspend the person's license or permit, right to operate a motor vehicle in this State and the right to apply for or obtain a license or permit.

Bail and bonds after a missed date in Maine

If no motion to set aside a bail forfeiture is made within 28 days of notice of the forfeiture, the court enters a default judgment. (M.R.U. Crim. P. 46(g))

Window to ask the court to set the forfeiture aside: 28 days from notice of the forfeiture.

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

How to deal with a missed date in Maine

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.

• Official case search: Maine Judicial Branch eCourts case access
• How to check for a warrant in Maine