Missed Court in Wisconsin: What Happens Next

Wisconsin failure to appear law

In Wisconsin, 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 H felony. Bail jumping (intentionally failing to comply with the terms of a bond, which include appearing) is a Class H felony when the charge is a felony. (Wis. Stat. § 946.49(1)(b))

  (b) If the offense with which the person is charged is a felony, guilty of a Class H felony.

• Released on a misdemeanor charge: Class A misdemeanor. It is a Class A misdemeanor when the charge is a misdemeanor. (Wis. Stat. § 946.49(1)(a))

  (a) If the offense with which the person is charged is a misdemeanor, guilty of a Class A misdemeanor.

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

When a date is missed, the court’s order is called a bench warrant (Wis. Stat. § 968.09(1)).

Driver’s license after a missed traffic date in Wisconsin

No statute suspends a license for the missed date itself; a missed traffic date can become a no-contest judgment, and the court may then suspend the operating privilege until the forfeiture is paid (30 days to 1 year). (Wis. Stat. § 345.47(1)(b))

(b) In lieu of imprisonment and in addition to any other suspension or revocation, that the defendant's operating privilege be suspended. The operating privilege shall be suspended for 30 days or until the person pays the forfeiture, plus costs, fees, and surcharges imposed under ch. 814, but not to exceed one year.

Bail and bonds after a missed date in Wisconsin

If the defendant does not appear and surrender within 30 days of the forfeiture, and does not show that appearing was impossible and not the defendant's fault, the court enters judgment on the district attorney's motion. (Wis. Stat. § 969.13(4))

Window to ask the court to set the forfeiture aside: 30 days from the forfeiture.

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

How to deal with a missed date in Wisconsin

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: Wisconsin Circuit Court Access (WCCA)
• How to check for a warrant in Wisconsin