Missed Court in North Dakota: What Happens Next

North Dakota failure to appear law

In North Dakota, 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 felony. Willfully failing to appear after release is a class C felony if the release was on a felony charge (or awaiting sentence or appeal), and otherwise a class A misdemeanor. (N.D.C.C. § 12.1-08-05(2))

  2. The offense is a class C felony if the actor was released in connection with a charge of felony or while awaiting sentence or pending appeal after conviction of any crime. Otherwise it is a class A misdemeanor.

• Released on a misdemeanor charge: class A misdemeanor. In other cases, willfully failing to appear after release is a class A misdemeanor. (N.D.C.C. § 12.1-08-05(2))

  2. The offense is a class C felony if the actor was released in connection with a charge of felony or while awaiting sentence or pending appeal after conviction of any crime. Otherwise it is a class A misdemeanor.

• Traffic citation: class B misdemeanor. Failing to appear after signing a traffic promise to appear, or without paying the fee or posting and forfeiting bond, is a class B misdemeanor. (N.D.C.C. § 39-06.1-04)

  Failure to appear at the time designated, after signing a promise to appear, if signing is required by law, or failure to appear without paying the statutory fee or posting and forfeiting bond is a class B 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 bench warrant (N.D.R.Ct. 6.6).

Driver’s license after a missed traffic date in North Dakota

After a hearing, the Director may suspend the license of a driver the court certifies failed to appear or post and forfeit bond after signing a traffic promise to appear. (N.D.C.C. § 39-06-32(6))

Failure, as shown by the certificate of the court, to appear in court or post and forfeit bond after signing a promise to appear, if signing is required by law, in violation of section 39-06.1-04, willful violation of a written promise to appear in court, in violation of section 39-07-08, or violation of equivalent ordinances or laws in another jurisdiction.

Bail and bonds after a missed date in North Dakota

A motion to set aside a bail forfeiture must be filed with the clerk within 90 days of the forfeiture order. (N.D.R.Crim.P. 46(f))

Window to ask the court to set the forfeiture aside: 90 days from the forfeiture order.

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

How to deal with a missed date in North Dakota

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: North Dakota Courts public search
• How to check for a warrant in North Dakota