Missed Court in Washington: What Happens Next

Washington failure to appear law

In Washington, 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 A felony. Bail jumping is a class A felony when the person was held for or charged with murder in the first degree. Bail jumping covers only a missed trial after written notice, or, on a violent or sex offense charge, a missed date with no motion to quash the warrant within 30 days. (RCW 9A.76.170(3)(a)) Only if the missed date was the trial (after written notice), or the charge is a violent or sex offense and no motion to quash the warrant was made within 30 days (or, if one was made, the person did not appear on it) (or an earlier missed-date warrant was issued in the same case).

  (a) A class A felony if the person was held for, charged with, or convicted of murder in the first degree;

• Released on a felony charge: class B felony. It is a class B felony when the charge was any other class A felony. (RCW 9A.76.170(3)(b)) Only if the missed date was the trial (after written notice), or the charge is a violent or sex offense and no motion to quash the warrant was made within 30 days (or, if one was made, the person did not appear on it) (or an earlier missed-date warrant was issued in the same case).

  (b) A class B felony if the person was held for, charged with, or convicted of a class A felony other than murder in the first degree;

• Released on a felony charge: class C felony. It is a class C felony when the charge was a class B or class C felony. (RCW 9A.76.170(3)(c)) Only if the missed date was the trial (after written notice), or the charge is a violent or sex offense and no motion to quash the warrant was made within 30 days (or, if one was made, the person did not appear on it) (or an earlier missed-date warrant was issued in the same case).

  (c) A class C felony if the person was held for, charged with, or convicted of a class B or class C felony; or

• Released on a felony charge: gross misdemeanor. Missing any other required court date after release on a felony charge is failure to appear or surrender, a gross misdemeanor, but only if no motion to quash the warrant is made within 30 days of its issuance (or there was an earlier missed-date warrant in the case). Uncontrollable circumstances are an affirmative defense. (RCW 9A.76.190(3)(a)) Only if written notice of the date was given and no motion to quash the warrant was made within 30 days of its issuance (or, if one was made, the person did not appear on it) (or an earlier missed-date warrant was issued in the same case).

  (a) A gross misdemeanor if the person was held for, charged with, or convicted of a felony; or

• Released on a misdemeanor charge: misdemeanor. It is a misdemeanor when the charge was a gross misdemeanor or misdemeanor. (RCW 9A.76.170(3)(d)) Only if the missed date was the trial (after written notice), or the charge is a violent or sex offense and no motion to quash the warrant was made within 30 days (or, if one was made, the person did not appear on it) (or an earlier missed-date warrant was issued in the same case).

  (d) A misdemeanor if the person was held for, charged with, or convicted of a gross misdemeanor or misdemeanor.

• Released on a misdemeanor charge: misdemeanor. Missing any other required court date after release on a gross misdemeanor or misdemeanor charge is failure to appear or surrender, a misdemeanor, but only if no motion to quash the warrant is made within 30 days of its issuance (or there was an earlier missed-date warrant in the case). (RCW 9A.76.190(3)(b)) Only if written notice of the date was given and no motion to quash the warrant was made within 30 days of its issuance (or, if one was made, the person did not appear on it) (or an earlier missed-date warrant was issued in the same case).

  (b) A misdemeanor if the person was held for, charged with, or convicted of a gross misdemeanor or misdemeanor.

When a date is missed, the court’s order is called a arrest warrant (Wash. CrR 2.2).

Driver’s license after a missed traffic date in Washington

The Department of Licensing must suspend all driving privileges on court notice that the person did not respond to a moving-violation infraction, missed a moving-violation hearing, or did not comply with a criminal citation for a moving violation. (RCW 46.20.289)

the department shall suspend all driving privileges of a person when the department receives notice from a court under RCW 46.63.070 (6), 46.63.110 (6), or 46.64.025 that the person has failed to respond to a notice of traffic infraction for a moving violation, failed to appear at a hearing for a moving violation, or failed to comply with the terms of a criminal complaint or criminal citation for a moving violation.

Bail and bonds after a missed date in Washington

If the court does not notify the surety in writing within 30 days of the unexplained missed appearance, the forfeiture is void and the recognizance exonerated. (RCW 10.19.090)

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

How to deal with a missed date in Washington

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: King County District Court: warrants
• Official case search: Washington Courts name and case search
• How to check for a warrant in Washington