Failure to Appear: Charges and Consequences

Failure to appear is the crime of not showing up for a required court date after being released on the promise or condition that you would. It is separate from the bench warrant a court issues when a date is missed and separate from the original charge. Whether a missed date is a crime, and how serious a crime, depends on the state's statute: on how the person was released, what the original charge was, which hearing was missed, the person's mental state, and in some states whether they came back within a set number of days.

This page covers the crime of failing to appear in US courts: the federal statute, which applies only in federal cases, and the main ways state statutes differ, illustrated with named state examples tied to each state's own code. It does not cover every state. For your state's statute applied to your type of case and release, use the missed court date checker. For the warrant itself and how to clear it, see the bench warrant guide.

What the offense is

A person charged with a crime may be released before trial on bail, on their own recognizance, or on a citation with a written promise to appear. Each kind of release is conditioned on coming back. Failure to appear statutes (also called bail jumping in some states) make breaking that condition a crime of its own.

Three things usually follow a missed date, and they are separate:

1. A bench warrant, a court order to bring the person in. See what a bench warrant is.
2. Bail consequences, such as forfeiture of money posted. See the bail guide.
3. A possible new charge for failing to appear, which is what this page covers. It has to be charged and proved like any other offense, and it is not automatic in every state or every case.

The federal statute: 18 U.S.C. 3146

Federal law makes failure to appear a crime for people released in federal criminal cases. Section 3146(a) applies to "Whoever, having been released under this chapter knowingly" does either of two things:

"(1) fails to appear before a court as required by the conditions of release; or (2) fails to surrender for service of sentence pursuant to a court order; shall be punished as provided in subsection (b) of this section."

The penalty is tied to the underlying offense. For a person charged with "any other felony" (one below the statute's top two tiers), it is a fine or up to two years in prison, or both; for a misdemeanor, a fine or up to one year, or both. Higher tiers apply to offenses punishable by 15 years or more and by 5 years or more. Any prison term "shall be consecutive to the sentence of imprisonment for any other offense" (18 U.S.C. 3146(b)).

The statute includes an affirmative defense: "It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering," subject to further conditions in the same subsection (18 U.S.C. 3146(c)).

Section 3146 applies only to people released in federal cases. State statutes differ from it, and from each other, in the ways below.

How state statutes differ

1. How the person was released

Some statutes reach every kind of release. Others reach only one.

California splits the offense by release type. Penal Code 1320 covers a person "released from custody on his or her own recognizance" who "in order to evade the process of the court willfully fails to appear as required." It is a misdemeanor when the charge was a misdemeanor (1320(a)) and a felony when the charge was a felony (1320(b)). A separate section, 1320.5, makes it a felony for a person charged with or convicted of a felony who was released on bail. A misdemeanor defendant who posted bail is not covered by either section, though breaking a written promise to appear on a citation is its own misdemeanor under Penal Code 853.7, "regardless of the disposition of the charge upon which he or she was originally arrested." Check California's missed-court rules.

Ohio's statute, R.C. 2937.99, applies to people released on their own recognizance, not people released on bail. Failure to appear is "a felony of the fourth degree" when the release was in connection with a felony charge and "a misdemeanor of the first degree" when it was a misdemeanor charge, with most traffic misdemeanors excluded (OVI and leaving the scene of a crash still count). Check Ohio's missed-court rules.

2. The original charge

Many states grade the offense by what the person was charged with.

Texas Penal Code 38.10 covers a person lawfully released from custody, with or without bail, on condition of appearing, who intentionally or knowingly fails to appear. The grade follows the underlying offense:

Texas also makes it a misdemeanor to wilfully violate a written promise to appear on a traffic citation, "regardless of the disposition of the charge on which the person was arrested" (Tex. Transp. Code 543.009(b)). Check Texas's missed-court rules.

Minnesota ties the felony-level penalty to the original crime directly: a person who fails to appear on a felony charge "may be sentenced to not more than one-half of the maximum term of imprisonment or fine, or both, provided for the underlying crime," but never less than a maximum of one year and one day or $1,500 (Minn. Stat. 609.49, subd. 1).

3. Which hearing was missed

Some statutes cover only certain dates.

Minnesota's misdemeanor-level offense applies to a person charged with a gross misdemeanor or misdemeanor "who intentionally fails to appear in court for trial on the charge," after notice that failing to appear is a crime or after release on a condition to appear for trial (Minn. Stat. 609.49, subd. 2). A missed hearing other than the trial in a misdemeanor case is not covered by that subdivision. Check Minnesota's missed-court rules.

Washington splits the offense in two. Bail jumping (RCW 9A.76.170) covers a missed trial after written notice, with no 30-day window to quash the warrant. On a violent or sex offense charge it also covers other missed dates where no motion to quash the warrant is made within 30 days of its issuance (or, if one was made, the person did not appear on it), and that window does not help if a failure-to-appear warrant was already issued earlier in the same case. Other missed dates after written notice fall under a separate offense, failure to appear or surrender (RCW 9A.76.190), which likewise applies if no motion to quash is made within 30 days (or, if one was made, the person did not appear on it) or if there was an earlier failure-to-appear warrant in the case. Grades under the bail-jumping statute run from a class A felony (for a person held for or charged with first-degree murder) down to a misdemeanor (for a misdemeanor or gross misdemeanor charge). Check Washington's missed-court rules.

4. A window to come back

In some states the offense is complete only if the person stays away for a set period, or only after bail is forfeited and the person does not surrender.

Nevada: a person released on a felony, gross misdemeanor or misdemeanor charge "is guilty of failing to appear ... unless the person surrenders himself or herself not later than 30 days after the date on which the person was required to appear" (NRS 199.335). Check Nevada's missed-court rules.

Kansas: for a misdemeanor charge in a district court, failure to appear "is knowingly incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days following the date of such forfeiture" (K.S.A. 21-5915(a)); the felony version, aggravated failure to appear, is a severity level 10, nonperson felony. Check Kansas's missed-court rules.

Maryland takes a similar approach: a person admitted to bail or released on recognizance "who willfully fails to surrender within 30 days after the date of forfeiture is guilty of a misdemeanor," punishable by a fine of up to $5,000, up to 5 years in prison, or both when the bail was given on a felony charge, and up to $1,000, 1 year, or both on a misdemeanor charge (Md. Code, Crim. Proc. 5-211(c)). Check Maryland's missed-court rules.

5. The mental state and the excuse

Each statute says what the prosecution must show about the person's state of mind, and some build in an excuse.

• California: "willfully" and "in order to evade the process of the court." Penal Code 1320(a) adds that "It shall be presumed that a defendant who willfully fails to appear within 14 days of the date assigned for his or her appearance intended to evade the process of the court."
• Texas: "intentionally or knowingly," and the statute adds: "It is a defense to prosecution under this section that the actor had a reasonable excuse for his failure to appear in accordance with the terms of his release" (Tex. Penal Code 38.10(c)).
• Minnesota: "intentionally," after notice that failing to appear is a crime or after release on a condition to appear, with an affirmative defense if the failure "was due to circumstances beyond the person's control" (Minn. Stat. 609.49, subd. 3).
• Pennsylvania: a person released by court order "commits a misdemeanor of the second degree if, without lawful excuse, he fails to appear at that time and place" (18 Pa.C.S. 5124(a)). It is a third-degree felony only where the appearance was on a felony charge "and the actor took flight or went into hiding to avoid apprehension, trial or punishment." Check Pennsylvania's missed-court rules.
• Federal: "knowingly," with the uncontrollable-circumstances affirmative defense quoted above.

These phrases are the statute's words, not a general list of defenses. Whether a particular reason for missing court meets them is a question for the court in that case, and a defense lawyer is the person to raise it.

States without a general failure-to-appear crime

Not every state has one. Illinois removed its offense with the Pretrial Fairness Act: the former bail-bond offense in 720 ILCS 5/32-10(a) now reads "(Blank)." A missed date can still lead to a summons or warrant, and the statute keeps the court's power: "Nothing in this Section shall interfere with or prevent the exercise by any court of its power to punish for contempt" (720 ILCS 5/32-10(d)). Wyoming has no bail-jumping statute for released defendants; under its court rules a person who knowingly fails to appear "may be punished for contempt" (W.R.Cr.P. 46.4(a)), and breaking a promise to appear on a traffic citation is a separate misdemeanor (Wyo. Stat. 31-5-1206(c)).

Other consequences of a missed date

Even where no failure-to-appear charge is filed, a missed date usually has other effects:

• A warrant. The court can issue a bench warrant. The bench warrant guide covers how warrants are cleared.
• Bail forfeiture. Many states also say that failing to appear forfeits the security posted. Florida's statute, for example, says the person "shall incur a forfeiture of any security which was given or pledged for her or his release" and is also guilty of the offense (Fla. Stat. 843.15(1)). See the bail guide for forfeiture windows.
• Release consequences. In federal court, a person who violates a release condition "is subject to a revocation of release, an order of detention, and a prosecution for contempt of court" (18 U.S.C. 3148(a)).
• Driver's license effects on traffic cases in some states, covered on the bench warrant guide.

If you have missed a court date

1. Call the court clerk for the court that has your case. Ask whether a warrant was issued and how that court handles people who come in on their own.
2. Contact the public defender or your lawyer. Several statutes on this page turn on timing, such as Nevada's 30 days to surrender and, where it applies, Washington's 30 days for a motion to quash the warrant, so earlier is better.
3. Check your state's rules with the missed court date checker, which applies your state's failure-to-appear statute to your type of case and release and links the official route to the court.
4. Keep records of why you missed the date, such as medical or work records, and bring them.

Disclaimer

This page is general legal information about failure-to-appear offenses, based on 18 U.S.C. 3146 and 3148 and the named state statutes and court rules, checked on October 20, 2026. Failure-to-appear law differs by state and changes, and this page does not cover every state. It is not legal advice. For advice about a missed court date, contact the court clerk, the public defender's office, or a criminal defense lawyer licensed in the state where the case is pending.

Last updated: October 20, 2026.

Frequently Asked Questions

What is failure to appear?

Failure to appear is the offense of not showing up for a required court date after being released on condition of appearing, for example on bail, on your own recognizance or on a citation. Many states and the federal system make it a separate crime, but the details depend on each statute.

Is failure to appear a felony or a misdemeanor?

It depends on the state and usually on the original charge. In Texas it is a third-degree felony when the underlying offense is a felony and a misdemeanor otherwise. In California it is a felony or a misdemeanor depending on the original charge and on whether the person was on bail or on their own recognizance. Federal law ties the penalty to the underlying offense.

Does failure to appear apply if I posted bail?

Not always. California's Penal Code 1320 and Ohio's R.C. 2937.99 cover own-recognizance releases; California covers bail releases only for felony defendants under Penal Code 1320.5. Other states, such as Texas and Pennsylvania, cover release with or without bail.

What is the federal failure to appear statute?

18 U.S.C. 3146 makes it a crime for a person released in a federal case to knowingly fail to appear or to fail to surrender for a sentence. Penalties depend on the underlying offense and run consecutively to any other sentence. It does not apply to state cases.

Is there a defense to failure to appear?

Only what the statute provides, applied by the court to the facts. Pennsylvania's offense requires a failure without lawful excuse, Texas makes a reasonable excuse a defense, Massachusetts uses without sufficient excuse, and federal law has an affirmative defense for uncontrollable circumstances. A defense lawyer can say whether a reason fits the statute in your state.

Can a failure to appear charge be avoided by turning yourself in?

In some states timing is part of the offense. Nevada's statute applies unless the person surrenders within 30 days of the missed date. In Washington, for many missed dates other than a trial, the offense requires that no motion to quash the warrant was made within 30 days (or, if one was made, the person did not appear on it), but that window does not apply to a missed trial or to a case with an earlier failure-to-appear warrant. Other states have no such window, so contact the court and a lawyer promptly.