Missed Court in Pennsylvania: What Happens Next

What Pennsylvania 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.

Pennsylvania failure to appear law

In Pennsylvania, 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 any charge: misdemeanor of the second degree. A person released by court order who fails without lawful excuse to appear commits a misdemeanor of the second degree. (18 Pa.C.S. § 5124(a))
    A person set at liberty by court order, with or without bail, upon condition that he will subsequently appear at a specified time and place, commits a misdemeanor of the second degree if, without lawful excuse, he fails to appear at that time and place.
  • Released on a felony charge: felony of the third degree. It is a third-degree felony when the appearance was on a felony charge and the person fled or went into hiding. (18 Pa.C.S. § 5124) Only if the person took flight or went into hiding to avoid arrest, trial or punishment.
    The offense constitutes a felony of the third degree where the required appearance was to answer to a charge of felony, or for disposition of any such charge, and the actor took flight or went into hiding to avoid apprehension, trial or punishment.

When a date is missed, the court’s order is called a bench warrant (Pa.R.Crim.P. 430(B)(1)).

Driver’s license after a missed traffic date in Pennsylvania

PennDOT must suspend the operating privilege of a person who, after notice from the court, fails to respond to a citation or summons for a vehicle-code violation other than parking. (75 Pa.C.S. § 1533(a))

The department shall suspend the operating privilege of any person who, upon being duly notified by an issuing authority or a court of competent jurisdiction of this Commonwealth, has failed to take any of the following actions: (1) Respond to a citation or summons to appear before the issuing authority or court for a violation of this title, other than parking.

Bail and bonds after a missed date in Pennsylvania

A bail forfeiture order is not carried out until 90 days after notice of the order. (Pa.R.Crim.P. 536(A)(2))

Window to ask the court to set the forfeiture aside: 90 days after notice of the forfeiture order.

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

How to deal with a missed date in Pennsylvania

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 Pennsylvania?

Yes. Released on any charge: misdemeanor of the second degree under 18 Pa.C.S. § 5124(a); Released on a felony charge: felony of the third degree under 18 Pa.C.S. § 5124.

Is missing court a felony in Pennsylvania?

In some cases. released on a felony charge: felony of the third degree under 18 Pa.C.S. § 5124 (only if the person took flight or went into hiding to avoid arrest, trial or punishment). Otherwise: released on any charge: misdemeanor of the second degree under 18 Pa.C.S. § 5124(a).

Will Pennsylvania suspend my license for missing a traffic court date?

PennDOT must suspend the operating privilege of a person who, after notice from the court, fails to respond to a citation or summons for a vehicle-code violation other than parking. The rule is in 75 Pa.C.S. § 1533(a).

Sources

Checked against the sources above on October 20, 2026.

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