Missed Court in Virginia: What Happens Next

What Virginia 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.

Virginia failure to appear law

In Virginia, 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 6 felony. A person charged with a felony who willfully fails to appear before any court as required is guilty of a Class 6 felony. (Va. Code § 19.2-128(B))
    B. Any person (i) charged with a felony offense or (ii) convicted of a felony offense and execution of sentence is suspended pursuant to § 19.2-319 who willfully fails to appear before any court as required is guilty of a Class 6 felony.
    Note: History line on the official page ends 2024, c. 109; 2026, cc. 241, 242 (2026 session amendments).
  • Released on a misdemeanor charge: Class 1 misdemeanor. A person charged with a misdemeanor who willfully fails to appear is guilty of a Class 1 misdemeanor. (Va. Code § 19.2-128(C))
    C. Any person (i) charged with a misdemeanor offense or (ii) convicted of a misdemeanor offense and execution of sentence is suspended pursuant to § 19.2-319 who willfully fails to appear before any court as required is guilty of a Class 1 misdemeanor.
    Note: History line on the official page ends 2024, c. 109; 2026, cc. 241, 242 (2026 session amendments).
  • Traffic citation: Class 1 misdemeanor. Failing to comply with a traffic summons for a Title 46.2 offense is a Class 1 misdemeanor, and the court may order an arrest warrant. (Va. Code § 46.2-938)
    Upon the failure of any person to comply with the terms of a summons or notice as provided in § 46.2-936 , such person shall be guilty of a Class 1 misdemeanor and the court may order a warrant for his arrest.

The statute’s mental-state words are “willfully (intentional conduct to avoid the judicial process)”, so the reason the date was missed can matter.

When a date is missed, the court’s order is called a capias or failure-to-appear warrant (Va. General District Court Manual, ch. 3).

Driver’s license after a missed traffic date in Virginia

If a failure-to-appear warrant on a Title 46.2 misdemeanor is returned not found or the person does not appear, the court certifies it to the DMV, which suspends the license until the court reports an appearance. (Va. Code § 46.2-938)

If the warrant is returned to the court with the notation "not found" or the person named in the warrant does not appear on the return date thereof, the court shall forward a certificate of the fact of nonservice or nonappearance, with a copy of the report specified in the foregoing provisions of this section, to the Commissioner of the Department of Motor Vehicles, who shall forthwith suspend the driver's license of such person.

Bail and bonds after a missed date in Virginia

If the defendant is brought before the court within 150 days of the default, the court dismisses the default on motion. (Va. Code § 19.2-143)

Window to ask the court to set the forfeiture aside: 150 days from the finding of default.

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

How to deal with a missed date in Virginia

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 Virginia?

Yes. Released on a felony charge: Class 6 felony under Va. Code § 19.2-128(B); Released on a misdemeanor charge: Class 1 misdemeanor under Va. Code § 19.2-128(C); Traffic citation: Class 1 misdemeanor under Va. Code § 46.2-938.

Is missing court a felony in Virginia?

In some cases. released on a felony charge: Class 6 felony under Va. Code § 19.2-128(B). Otherwise: released on a misdemeanor charge: Class 1 misdemeanor under Va. Code § 19.2-128(C); traffic citation: Class 1 misdemeanor under Va. Code § 46.2-938.

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

If a failure-to-appear warrant on a Title 46.2 misdemeanor is returned not found or the person does not appear, the court certifies it to the DMV, which suspends the license until the court reports an appearance. The rule is in Va. Code § 46.2-938.

Sources

Checked against the sources above on October 20, 2026.

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