What is a Bench Warrant for Failure to Appear?

If you fail to appear in court for a scheduled court date (sometimes referred to as FTA), the judge in the case can issue a bench warrant for your arrest. The warrant authorizes law enforcement officers to arrest you and bring you directly to court. Bench warrants in these cases are sometimes referred to as FTA warrants.

You generally have a legal requirement to appear in court upon:

• signing a written promise to make a court date,
• receiving a subpoena to appear, and
• a judge verbally ordering you to come back to court for a further proceeding.

A failure to appear in court can lead to criminal charges. Depending on the facts of the case, this can include the possibility of both

• misdemeanor charges and
• felony charges.

However, you can often attend a bench warrant hearing and show that your failure to appear was justifiable or excusable. If you succeed in this showing, the judge will

• recall or
• quash the bench warrant.

Please keep in mind that a bench warrant is a different type of warrant than an arrest warrant. A judge issues an arrest warrant upon a showing of probable cause that you were engaged in criminal activity outside the presence of a police officer.

1. What is an FTA warrant?

A judge issues an FTA warrant when you “fails to appear” for a court date (for example, an arraignment in a criminal case). The warrant is basically a bench warrant that authorizes police officers to arrest you and bring you to court.

Once brought to court, the judge can either:

• release you with a warning, or
• place you in custody.

Note that a failure to appear refers to a situation where you willfully fail to attend a lawful court proceeding.

You usually have a legal requirement to make a court appearance when you:

• sign a written promise to appear in court (you typically do this in connection with a traffic ticket, traffic citation, or traffic violation),
• are issued a subpoena to appear, or
• are ordered by a judge to attend a court date.

Most state laws say that the failure to appear is a misdemeanor offense that can lead to criminal charges.¹

2. Can you get the warrant removed?

Most often, yes. If you are subject to a bench warrant, you can attend a bench warrant hearing to try and recall or quash the warrant.

Most state courts will not recall or drop an outstanding warrant on their own. Further, bench warrants do not expire after a certain amount of time. They usually remain in effect until the person subject to the warrant dies.

This means that you typically have to attend a bench warrant hearing in order to recall it.

The court hearing is held before a judge and your goal is to show that your failure to appear for the prior court date was

• justifiable or
• excusable.

You can try to make this showing by proving that you:

• never received a notice to appear in court,
• complied with all the conditions and requirements for a court appearance, and/or
• were unaware that a case had been filed.

3. What are the penalties for failing to appear?

The specific penalties that you could face for not making a court appearance will vary depending on:

• the type of case that you failed to make an appearance in (for example, a misdemeanor case, felony case, or case involving a traffic stop),
• the reason for your non-appearance, and
• the laws of the state where you received your original charge or obligation to appear.

With that said, however, if you miss a court date, a judge can hold you in contempt of court and impose the following penalties:

• fines,
• jail time or even custody in state prison, and
• court costs.

Note that a state’s DMV can even suspend your driver’s license for failing to appear.²

4. Can a criminal defense attorney help?

Yes. A criminal defense lawyer can help you:

1. recall a bench warrant, and
2. challenge any criminal charges involving a failure to appear.

If you are charged with a crime, a defense attorney will work to keep you out of county jail and minimize any other penalties.

Please keep in mind that most lawyers and law firms provide free consultations, meaning you can receive legal advice at no charge.

Further, the communications with a defense attorney are protected by the attorney-client relationship. Under this relationship, a lawyer cannot disclose your confidences without first getting your consent.

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