Missed Court in New York: What Happens Next

What New York 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.

New York failure to appear law

In New York, 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. If the pending indictment charges a class A or class B felony and the person does not appear on the required date or voluntarily within 30 days after, it is bail jumping in the first degree, a class D felony. (N.Y. Penal Law § 215.57) Only if the pending indictment charges a class A or class B felony.
    Bail jumping in the first degree is a class D felony.
  • Released on a felony charge: class E felony. Bail jumping in the second degree, where the release was in connection with a felony charge, is a class E felony. (N.Y. Penal Law § 215.56)
    Bail jumping in the second degree is a class E felony.
  • Released on any charge: class A misdemeanor. A person released on bail or own recognizance who does not appear on the required date or voluntarily within 30 days after commits bail jumping in the third degree, a class A misdemeanor. (N.Y. Penal Law § 215.55)
    A person is guilty of bail jumping in the third degree when by court order he has been released from custody or allowed to remain at liberty, either upon bail or upon his own recognizance, upon condition that he will subsequently appear personally in connection with a criminal action or proceeding, and when he does not appear personally on the required date or voluntarily within thirty days thereafter. Bail jumping in the third degree is a class A misdemeanor.
  • Summons or citation: violation. Not appearing on an appearance ticket for a crime on the return date or voluntarily within 30 days after is failing to respond to an appearance ticket, a violation. (N.Y. Penal Law § 215.58)
    Failing to respond to an appearance ticket is a violation.

Driver’s license after a missed traffic date in New York

If a driver does not appear within 60 days of the return date on a traffic ticket (not parking), the court notifies the DMV, which may suspend the license until the person appears or pays. For NYC Traffic Violations Bureau tickets the DMV says the license will be suspended. A suspension takes effect at least 30 days after the DMV sends its first notice, with at least two notices 15 days apart. (N.Y. Veh. & Traf. Law § 510(4-a)(a))

Upon receipt of a court notification of the failure of a person to appear within sixty days of the return date or new subsequent adjourned date, pursuant to an appearance ticket charging said person with a violation of any of the provisions of this chapter (except one for parking, stopping, or standing), of any violation of the tax law or of the transportation law regulating traffic or of any lawful ordinance or regulation made by a local or public authority, relating to traffic (except one for parking, stopping, or standing) the commissioner or his or her agent may suspend the driver's license or privileges of such person

Bail and bonds after a missed date in New York

Cash bail can be forfeited when the defendant misses a court date; the person who posted it may move for remission within 1 year of the forfeiture order. (NY Courts: Bail remission (CPL 540.10, 540.30))

Window to ask the court to set the forfeiture aside: Remission motion within 1 year of the forfeiture order.

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

How to deal with a missed date in New York

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 New York?

Yes. Released on a felony charge: class D felony under N.Y. Penal Law § 215.57; Released on a felony charge: class E felony under N.Y. Penal Law § 215.56; Released on any charge: class A misdemeanor under N.Y. Penal Law § 215.55; Summons or citation: violation under N.Y. Penal Law § 215.58.

Is missing court a felony in New York?

In some cases. released on a felony charge: class D felony under N.Y. Penal Law § 215.57 (only if the pending indictment charges a class A or class B felony); released on a felony charge: class E felony under N.Y. Penal Law § 215.56. Otherwise: released on any charge: class A misdemeanor under N.Y. Penal Law § 215.55; summons or citation: violation under N.Y. Penal Law § 215.58.

Will New York suspend my license for missing a traffic court date?

If a driver does not appear within 60 days of the return date on a traffic ticket (not parking), the court notifies the DMV, which may suspend the license until the person appears or pays. For NYC Traffic Violations Bureau tickets the DMV says the license will be suspended. A suspension takes effect at least 30 days after the DMV sends its first notice, with at least two notices 15 days apart. The rule is in N.Y. Veh. & Traf. Law § 510(4-a)(a).

Sources

Checked against the sources above on October 20, 2026.

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