Missed Court in Texas: What Happens Next

Texas failure to appear law

In Texas, 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: felony of the third degree. Bail jumping and failure to appear is a third-degree felony when the offense the person had to appear for is a felony. (Tex. Penal Code § 38.10(f))

  (f) An offense under this section is a felony of the third degree if the offense for which the actor's appearance was required is classified as a felony.

• Released on a misdemeanor charge: Class A misdemeanor. Intentionally or knowingly failing to appear after release on a misdemeanor charge that is not punishable by fine only is a Class A misdemeanor. (Tex. Penal Code § 38.10(d)) Only if the charge is not punishable by fine only.

  (d) Except as provided in Subsections (e) and (f), an offense under this section is a Class A misdemeanor.

• Released on a misdemeanor charge: Class C misdemeanor. It is a Class C misdemeanor when the offense the person had to appear for is punishable by fine only. (Tex. Penal Code § 38.10(e)) Only if the charge is punishable by fine only.

  (e) An offense under this section is a Class C misdemeanor if the offense for which the actor's appearance was required is punishable by fine only.

• Traffic citation: misdemeanor. Wilfully violating a written promise to appear on a traffic citation is a misdemeanor, whatever happens to the original charge. (Tex. Transp. Code § 543.009(b))

  (b) A person who wilfully violates a written promise to appear in court, given as provided by this subchapter, commits a misdemeanor regardless of the disposition of the charge on which the person was arrested.

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

When a date is missed, the court’s order is called a capias (Tex. Code Crim. Proc. art. 23.05).

Driver’s license after a missed traffic date in Texas

Only where the city or county has contracted with DPS: DPS may then deny renewal of the license for failure to appear on a citation until the local court clears it. (Tex. Transp. Code § 706.004)

Sec. 706.004. DENIAL OF RENEWAL OF DRIVER'S LICENSE. (a) If a political subdivision has contracted with the department, on receiving the necessary information from the political subdivision the department may deny renewal of the person's driver's license for failure to appear based on a complaint or citation or failure to pay or satisfy a judgment ordering the payment of a fine and cost in the manner ordered by the court in a matter involving an offense described by Section 706.002 (a).

Bail and bonds after a missed date in Texas

A bond is exonerated if the defendant is jailed anywhere in the U.S. within 180 days (misdemeanor) or 270 days (felony) after the missed date. (Tex. Code Crim. Proc. art. 22.13(a)(5))

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

How to deal with a missed date in Texas

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.

• An example county court guide: Tarrant County Justice of the Peace, Precinct 1: criminal cases
• How to check for a warrant in Texas