Key Points in this Article
- The info here is specific to NC (but other states are similar)
- If you failed to show up within 20 days after you court date, a failure to appear (FTA) is entered in your case
- You will have 20 days thereafter to appear and obtain a new court date or pay the court costs and fines
- The DMV may revoke your driver’s license indefinitely for failure to appear or pay court costs and/or a fine
- When you fail to appear, an Order for Arrest will likely be entered in your case
Intro
Have you ever had a court date that you forgot about or, for whatever reason, you did not show up on your court date? If so, your name was called in court and you failed to appear (also known as “called and failed”). When this occurs it is entered in the court records and if you failed to show up within 20 days after you were called and failed, a failure to appear (FTA) was entered in your case.
How Do I Handle a “Called and Failed”?
Once you have missed your court date, even on a minor traffic infraction, and the court enters in your file that you were called and failed to appear, you will have 20 days thereafter to appear and obtain a new court date or pay the court costs and fines to avoid further negative consequences. If after 20 days you do not obtain a new court date, the Clerk will then enter a Failure to Appear in your case and report this information to the NC Division of Motor Vehicles (DMV). The DMV will then send you a letter to your last known address appearing on your driver’s license informing you that your license will be revoked if the traffic matters are not handled within 60 days from the date the Clerk entered a Failure to Appear on your file. Pursuant to NCGS § 20-24.1, the DMV may revoke your driver’s license indefinitely for failure to appear or pay court costs and/or a fine. Even if you have never held a driver’s license, pursuant to NCGS § 20-23.1, the DMV may keep you from obtaining a driver’s license. Be mindful that if you have moved since you received the citation and have not notified DMV of your new address, you will not receive this letter. However, failure to receive the letter will not prevent your license from being suspended, regardless of the reason for not reporting or for missing your court date.
What are the consequences of a Failure to appear?
When you fail to appear on your court date, an Order for Arrest will likely be entered in your case. This means, you can be (and likely will be) arrested at any time. This is important, because let’s say you are driving to the grocery store, which could be around the corner from your home. You didn’t know that your tail light was out. Moreover, you failed to see the police officer sitting off the road, but he saw you and noticed your tail light was out. He initiates a traffic stop, which includes him running your license plates. When he pulls your name up, he sees an order for arrest that was issued. Unfortunately, he is going to place you in handcuffs and arrest you immediately. Even an old warrant can show up in a criminal database and you can be caught and arrested.
A failure to appear can ultimately cause your license to be suspended if not handled properly or timely. Further, you will not be able to reinstate or obtain a driver’s license until you have handled and disposed of all of your traffic matters or the charge for which you failed to appear. Failing to appear in North Carolina can affect you being able to obtain or renew a driver’s license in another state. So, just because you are a resident of another state and you have obtained a citation in North Carolina, does not mean your state will not become aware of it. (See post regarding Interstate Driving and Out-of-State Convictions posted April 13, 2015).
Additional consequences of a failure to appear includes fees. The court will impose a $200 Failure to Appear fee (NCGS § 7A-304(a)(6)). If your case is handled before your license is revoked, you will have to pay a late fee plus a $50 license restoration fee. Depending on the nature of your case, you may suffer additional license revocations for an extended period of time. Specifically, during a period of suspension, if you receive another driving conviction, your first additional conviction will cause your license to be suspended for an additional one year. A second driving conviction during a period of suspension or revocation will cause your license to be revoked for two years and a third conviction results in a permanent revocation. This applies even when a person has appeared in court, but fails to pay the court costs and/or fine ordered by the court.
Pursuant to NCGS § 15A-543, the penalties for a failure to appear is a Class I felony if the defendant was released in connection with a felony charge against him or was released after a superior court conviction. However, if the defendant was charged with a misdemeanor and he or she failed to appear, that failure is a Class 2 misdemeanor. NCGS § 15A-543. As you can see, missing court can create a downward spiral of other negative consequences.
Need help from a pro?
How Do I Handle a Failure to Appear?
Of course, you can hire an attorney to assist you with your failure to appear and advise you of the exact nature and consequences.
If you are unable to hire an attorney, you can present to the Clerk’s Office in your county and obtain a new court date. Some counties only require you to appear, make an informal request, and they will issue you a new court date. Other counties, such as Wake County, will require you or your attorney to submit a form stating the nature of the charge, the date you failed to appear, and the reason for not appearing. Provided the time lapse from your court date to the date you file for a new court date is not too extensive, the court will likely issue you a new court date. In Wake County, the District Attorney is required to approve the new court, if it is outside of the 20 day period immediately after the date you were called and failed. If within the 20 day period, the Clerk may enter a new court date without seeking permission from the District Attorney.
If the charge for which you failed to appear is old, it is possible that you may be able to get the charge dismissed. Of course, this will likely require the assistance of an attorney depending on how old and the type of charge.
Bail Bond Forfeiture
If you are currently under a bond and you missed your court date and an Order for Arrest and Bond forfeiture was entered, your situation will require more attention and work. In Wake County, an attorney can assist you in having your bond forfeiture set aside, order for arrest recalled, and failure to appear stricken. This process requires the District Attorney and the Judge who forfeited the bond to provide written approval. If the DA and/or Judge denies the request to set the bond forfeiture aside and recall the FTA and OFA, the only other way to resolve this matter is to go to the Clerk’s office and ask to be placed on the Voluntary Leave Calendar. This means that your name will be added to a court calendar in a courtroom that is in session on that same day. Yes, you will have to be prepared to handle your matter that day in court.
The implications of a bond forfeiture is that you lose any money that you put up for your bond. If you hired a bailbondsman, the bondsman will likely come find you and take you in to turn yourself in to the magistrate for prosecution.
Need some help from a pro?
The consequences of missing a court date can be substantial. So don’t miss your court date if you can help it. If you indeed did miss your court date, and need some assistance by a lawyer, you can always upload your case and get lawyers to contact you about your particular case. Click the button below to upload your case details now ( It’s a free service).
I was caught stealing a headlight bulb.. Stupid mistake I know.. But, I’ve been to all my other court dates following this bulb thing, but today I got my dates mixed up and I missed court this morning. What do I do now? I’ve tried to get ahold of my P.D. but he’s not around today. Do I need to just turn myself in?
Jake: Talking to your PD is the best thing. Your public defender will know exactly how to deal with this. Keep calling him. Leave messages. Do whatever. He may have the ability to “walk it through” and get a judge to sign something putting it back on the docket etc without your having to go to jail over it. He may also have a good relationship with the DA and maybe get the DA to “OK” putting the case back on the calendar and recalling the order for arrest. Kinda grease the skids. Bottom line: you are represented by a lawyer; let him do his job. If you act on your own (like turn yourself in) you may be making things harder for the lawyer to “un-screw” (and may complicate your case too).
I received a letter from RI DMV stating failure to appear and a suspended license. I appeared in court used my good driving record and just have to pay court costs. I have my info and its dated the date I appeared
Krystal: Not sure about this. May need more info. In NC, where I practice law, the DMV can suspend your license for not showing up to court on a traffic matter. It usually takes a while though. First the court notifies the DMV that you didn’t show. Then the DMV tells you by mail that if you do not handle your case by such and such date, your license will be suspended. Whole deal takes about 60 days. Is this kinda how it happens in RI? Can you add some more info? Here in NC, after you’ve dealt with the court thing and the DMV sees that it’s done, you can go and get a new license after you pay a “restoration fee” of about $50. If you handled your matter before the revocation went into effect, no restoration fee is assessed. Is this how it is in RI? Can you add some more info?
I got arrested back in the year 2000 I believe in Wilmington N.C. It was a misdemeanor d.u.i. I was released next day told to pay I believe 50.00 reinstatement fee which I did and they gave me My Oklahoma D.L. Back. I lost my job over the dui and moved back to Oklahoma. I’ve been driving in Ok for 15 yrs all the sudden I’m suspended in Ok??? I need help.
Jules: Sounds like your failure to appear here in NC was reported to your home state. That will revoke you for sure. Only remedy is to hire a lawyer here in NC and have them go take care of the case. I’m pretty sure that it can be done without your having to come to NC since you’re an out of state resident. Because it’s an old DWI, not sure what your options are. May wind up having to plead to it. In any case, once that case is taken care of, you’ll be on the road to getting your driving privilege back. Might take some alcohol classes or something but until it’s done I don’t believe your license will be restored in your home state. Try posting the case on BernieSez.com It’s free and you can get some pretty good advice.
If the officer put on my paper work my court date is the 7th but it’s not actually till the 8th and I have paper work showing he give me wrong court date can I get charges dismissed
Stoney: I practice law in NC and will say this: In my opinion, this is kind of a small thing that the DA can amend in court. I doubt it means a dismissal. If the cop said you did the crime on such and such date but you know you were out of town then, that MAY be another deal (but that’s not this case). I’d say the best you can do is -say- if you missed your court date because the cop wrote it down wrong, you could probably get it put back on the docket without any big deal (since it wasn’t your fault you didn’t show). Where did this happen anyway? Is this an NC case?
I miss mi court date ,it was 7/11/16.And today is 7_29_16.What are the consecuenses
Ramon: Sorry for the late as hell reply. Where did this happen? In NC, where I practice, this kind of thing happens all the time. Often it’s not a huge deal. There is even a big basket of forms to fill out to request a new date because it happens so much. OTOH, it also depends on what kind of case it is and if you missed court before. If it’s a like a little traffic ticket and you never missed before, even a lame excuse like “I forgot” will be good enough to get a new date usually. If it’s a big case like say a DUI you may find it harder to get it reset without the help of a lawyer. Same deal if you have missed before; judges don’t like to see folks continually missing their court dates. As for consequences, here too it depends on the type of case and how long it’s been since you missed. In NC, if you miss even a piddly little seat belt ticket after about 60 days you may be looking at license suspension, but no arrest in those cases. OTOH, if it’s like a DUI or something, you damn sure can get arrested.
I missed my court date and it’s been only 7 days since. I called the court and they said to come in to a more local court and schedule a hearing infront of a judge at the court I was supposed to go to for a failure to appear. When I go to the failure to appear hearing can I ask the judge to give me another court date since it’s within 20 days of the failure to appear? What should I say and how do I say it properly so that I can get another court date and not have additional fees to pay. This is in California in the county of Riverside/San bernadino
Any update on how you handled this?
I received a “warning” the day before Christmas Eve about my tag light being out- depending how you closed to trunk, it would flicker off randomly. I’d had it fixed already but they obviously didn’t do it right. The cop told me to just fix it the day after Christmas, which I did. That was that. I even called the police barracks to see if I needed to bring it in or anything and they said no. It turns out, he submitted a ticket a few days after he pulled me over and I was never notified of it or notified of a court hearing, because they mailed my court date to an address in Pennsylvania- I have never lived there, ever. (I am thinking when he falsified the ticket, he accidentally put another address on mine). So obviously, I missed my court date and my license was suspended. I have NEVER had anything on my record- never even had a ticket.. and I’ve been driving 23 years. I was unaware it was suspended and never notified of anything- even in the court records they don’t see anything other than the court date mailed to PA, and then a request to suspend my license. I tried pleading/arguing with them and it took them over 6 months to “find” the ticket just so I could pay it. In the end they wouldn’t even give me a copy of this supposed unsigned ticket (I know refusing to sign can get you more charges, or so I thought). I ended up paying it just to I could get my license back and be able to drive. All that for a stupid tag light- that wasn’t fully broken, it flickered here and there. I get so irked when I see people’s tags covered up by something now. People drive around with snow on theirs- even police do and they never have an issue. I have thought about going to a lawyer and suing them to at least have it cleared. I have that on my record now and it hurts- I was dropped by my insurance company for being too high risk and I tried to rent a car this summer and I can’t because of the suspension on my record. I am considered a risk, even though it wasn’t from a driving violation. I know people who have gotten a DUI and didn’t get a suspension. It’s just so unfair how things work out sometimes. I’m not sure what I can even do, if anything.
My husband missed his court. Now his been sitting in jail without a bail bond for 2 months. Every time in court the judge keeps setting it back. Its all because our boy Brandon was brutally cut and attack by 3 HCSO sheriffs who laugh at him. And we had the guts to put on youtube rotbake. And stealing my 3 babies due to no electricity. This is so criminal act from CPS and HCSO. Please help
July 18, 2015. CPS came to our home and stoked my 3 children Alex, Abby and Brandon because we had no electricity. For I lost my job. And I decided to pay our rent. We been threatened, blackmailed, harassed and had HCSO sheriffs come after us with guns saying we’re upsetting the wrong people and never see our children again. I been protesting. But been put on deadly illegal choke on my windpipe. Our son Brandon was brutally cut and attack by 3 grown HCSO sheriffs who laugh at him. I have witnessed my husband being beaten by cops and thrown in jail. In holding cell that was dirty and dirty cup. Wasn’t given any water for 3 days. Trying to kill him. Now their trying to take away our parental rights saying we don’t love our babies. And Abby our baby girl whose 7 doesn’t love us or her older Brandon who turned 18. And cannot see his sister or brother. Its been 7 months since he seen them. Its been 9 months for me. And for my husband Peter since Sept. 28 of last year. Now his been in jail since July 19. Because he missed his court. No bail set. And they say he tried to kill himself. What the b.s. No he didn’t. Its on youtube rotbake. Please help end this nightmare. Bring all the children CPS has stolen and bring a innocent dad out of jail.God bless
Cindy: That’s a sad situation you describe there. I’d definitely contact Legal Aid at (919) 934-5027 300 South 3rd Street Smithfield, NC 27577. You should also try and communicate with your husband’s appointed lawyer and convey the seriousness of your husband’s situation. I’m really sorry. That’s about the best advice I can offer.
I have missed my court date on 9/23 and it is 9/26. I got my dates mixed up. it was a pay or appear court date. However I have absolutely NO money. HELP!
Stormy: Best thing is to post your case on BernieSez and let lawyers in the jurisdiction where you failed to appear answer your q’s. I practice in NC so my advice might not be 100% accurate. I will say that -at least here in NC- missing a court date for a little speeding ticket is not the end of the world. In fact, it happens so often the court house has stacks of pre-printed forms that you just go and fill out if you miss a date. Fill it out ad get a new date; simple. Maybe that’s true where you are too.
My bail bond agent gave me the wrong court date it was actually the day before how can i go about this
Caitlyn: Sometimes (sometimes) the bail bond guy is really a good resource. He doesn’t want you to miss court either since your missing court might mean he’s on the hook to pay your bail. Depending on your relationship with him, he may be able to tell you how to get a new court date. Of course, if he is disposed to, at least here where I am (NC), he’s also got the right to “off bond” you and put you back in jail whereupon you will be given a new date in court (which is how it works here). You might consider posting your case on BernieSez and letting lawyers in that same jurisdiction give you some pointers. It’s totally free.
My son got arrested for assault on a family member-he and his girlfriend were both drinking and getting physical.
He was in jail from Sunday am until I posted his bond Thursday.
He was released Friday at 9:30 am.
The bonding company called him the following Monday at 2:00 pm and told him he had court the next morning. He showed up at 8:00 am, but they never called his name- when he inquired they arrested him immediately and jailed him again, saying his court date was the day before. He was incarcerated until Thursday-this was a court and bondsman mistake!Actually his court date was the Friday before-while he was still in jail-going through release processing. What recourse does he have? This is in Harris County Texas-not a good place!
Hi student here,I have an upcoming court date on 11/21/16 and I have a really important test to take for my class on that day, is there any way I could change my date? I got a ticket for streaking(indecent exposure& disturbing the peace).No I was not completely naked either I had underwears on, they just had holes where you could see my buttcheeks. Would you guys happen to know the consequences for that btw? Thank you From California
So I had a ticket from a car accident I was in with another car but I lost the ticket and forgot about it for a couple months. (Bad I know but I was gettimg ready to undergo surgery around that time) So when I remembered I couldn’t find out where it was when it happened. So I called multiple courts asking if there’s any unpaid citations and they all said no. But now after getting my car back I found the citation under the seats. Now I tried to pay online but it said I have to go to the court for it to be paid. How do I get a another court date?
Breana: I practice law in NC and can tell you how it works here (for what it’s worth). Here, if you miss a court date on a simple traffic case (which it sounds like you did), you simply go to the courthouse when you discover you missed your date and fill out a form. On the form you say WHY you missed the date. Usually any reasonable excuse is sufficient, even “I forgot” will work. The form gets sent to the judge who was in court that day and, if he grants your request, you get notice of the new date in the mail. It’s really that simple. Not sure what the procedure is where you are or if you really are better off with a lawyer to help you (as may be the case). Whatever you do, do it soon. Failing to show up for court on a traffic case often results in license revocation and even arrest (in some cases). You might try posting your case on BernieSez.com. It’s easy and free and you can get some advice from lawyers who actually practice where you are. Take care!
I was the victim in a domestic violence case, and was subpoenaed to court, was out of out town, and missed my court date, what can I do, can they put a warrant out for my arrest? I work in the medical field, and don’t want that, why was I subpoenaed to court, I didn’t sign the complaint against him.
Brenda: If you want to pursue the matter (and see the guy prosecuted), call your DA’s office as soon as you can and let them know what the deal is and that it was just an accident you didn’t go to court. Maybe there is a second court date that you can attend for sure. As for the consequences that may befall you for not going when you were subpoenaed, the court certainly has power to compel you to come to court and explain why you didn’t show. Whether that will really be done is a matter of policy with that particular court. Often it has to do with how much law enforcement resource they have to send the cops chasing folks who don’t show up in cases like this. Here where I am in the Raleigh NC area, in my 22 years of law practice I have not personally seen it done. Usually, if the state’s witness doesn’t show, that’s just the end of the case and they go on to the next one. Another possibility is that they send out another subpoena for you to come the second time. I’ve seen that done frequently. Hope this helps!
Does the “20 day time frame” apply to all states of the U.S?
Cyndi:
Not sure but I suspect not. Each state has its own rules. I practice in NC and answered the previous post based on that. You can get better info if you post a case and then have lawyers from that jurisdiction give you specifics.
I received a speeding ticket in NC in 2008. Im from NJ, and they had a mandatory court appearance. Of course traveling back to NC for a traffic ticket was absurd and not plausible. The license of course was suspended in both states… and I’m trying to correct the situation. When I call the courts they refuse to give me any information over the phone. Is it possible to get this resolved without traveling back to NC?
K: I’m Terence McEnally. I practice in Raleigh, NC. To get your NJ license restored, you’ll have to deal with the NC matter and then pay some fine at the NC DMV so they will “clear” your record down here and report that to NJ. (You know this.) Then you should be OK. Without knowing what the NC offense is exactly, however, it’s not possible to say too much about what the whole process entails. Suffice it to say you probably would benefit from having a lawyer handle the whole deal. With a lawyer, he could handle the whole matter in your absence. Maybe that doesn’t sound too encouraging, to have to get a lawyer, but in terms of time and aggravation, especially if you’re out of state, it really may be worth considering. Try posting the case on this site (BernieSez.com) and at least getting some input from lawyers in the area (I hope you remember what county this happened in!). See what they charge. You may be pleasantly surprised. Best, TM
K: I’m Terence McEnally. I practice in Raleigh, NC. To get your NJ license restored, you’ll have to deal with the NC matter and then pay some fine at the NC DMV so they will “clear” your record down here and report that to NJ. (You know this.) Then you should be OK. Without knowing what the NC offense is exactly, however, it’s not possible to say too much about what the whole process entails. Suffice it to say you probably would benefit from having a lawyer handle the whole deal. With a lawyer, he could handle the whole matter in your absence. Maybe that doesn’t sound too encouraging, to have to get a lawyer, but in terms of time and aggravation, especially if you’re out of state, it really may be worth considering. Try posting the case on this site (BernieSez.com) and at least getting some input from lawyers in the area (I hope you remember what county this happened in!). See what they charge. You may be pleasantly surprised. Best, TM
Thank you, gonna post on the site and see if there are any lawyers from the county. (Pender County, NC).
Cool! Stay in touch….
I live in Atlanta and I got a speeding ticket in Ashburn city, Turner County in GA for 91 in a 70 zone. Completely clean record other than this. What are the chances that I will get reprieve if I take the trouble to go to court (4 hours away) and plead guilty or nolo? Is it worth taking the chance? Fine is steep: $600, then there will be the superspeeder fine of $200, plus I think 3 points. Thanks for any guidance on this…
Jake: If you have a clean driving history, then you have a good chance of getting the ticket reduced. Depending on the Judge, you might even get it lowered to 14 over which would avoid the super speeder and avoid any points on your license. Unfortunately, most courts will agree to a speed reduction or a fine reduction but not both. I would recommend you contact a lawyer to help with a speed reduction.
http://www.morrislawllc.net
Jake: When’s your court date?
Hello .I received a ticket for not registering my vehicle. I did not know it was a mandatory court appearance here in Montgomery, AL. I planned to go to court to show it had been registered after the ticket but I got dates confused and now have a warrant. They said only way to get a new court date was to go to jail and get a new date from judge. I have never been to jail, and I think this is ridiculous. Any suggestions to keep me out of jail !?Thank you
hi i got a speeding ticked some years ago. i got caught 95 instead of 60 in arizona. i got stoped by a cop. he didnt laser me, he followed me over one mile he said (which is not possible). he gave me a ticket with court date about a month later. i flew out of the country 5 days later. upon my return in my country (switzerland) i wrote to the court by registered mail. they answered i shall pay by bank draft 250 usd advance court fees. this letter came to my home not registered. i didnt had to acknowledge receipt of it. they have no proof i received it. this was the end of story about 5 years ago. now do you think if i go back to the us i could have a problem at custom ? or only in arizona ? thanks for your opinio
Dave: Was this question also posted on the forum? It sounds familiar. I know I sent it around to try and get some response but since this site primarily has to do with traffic and criminal cases, it is difficult to find and answer to what I see as an immigration question. Where would you pass through customs in US upon your arrival? New York? That might at least give us a start where to look. Here’s another suggestion: Post the case on the site as a missed court date ticket and see if an Arizona lawyer will contact you. It might be that the whole matter can be handled in your absence.
Dave: Was this question also posted on the forum? It sounds familiar. I know I sent it around to try and get some response but since this site primarily has to do with traffic and criminal cases, it is difficult to find and answer to what I see as an immigration question. Where would you pass through customs in US upon your arrival? New York? That might at least give us a start where to look. Here’s another suggestion: Post the case on the site as a missed court date ticket and see if an Arizona lawyer will contact you. It might be that the whole matter can be handled in your absence.
I have a year or two old failure to appear in red hook dutchess county NY from a speeding ticket, the speed was significant 55 in a 30. I never received the appearance letters due to moving. I found out about the ticket and my now suspended liscence by going to the dmv to renue my registeration about two days ago. How do i proceed? I never purposely would miss a court date had i known and i am very concerned about this issue.
one of my friends missed 5 court dates , he had 5 warrants issued for his arrest , and he got stopped by police yesterday .. can you tell me how long he will be held for in jail
hello, I’m being charge for $4500 for not showing up to the court for my attorney not show up at court for me.
in 2015, i already hired the attorney from Mr. Tickets to show up on my behalf, because I’m moving to china I can’t attend the court myself.
this year 2017, I find out my driver’s license is suspended, I paid the full amount for car tickets, but the superior court is charging me for no show. Clearly, my attorney didn’t show up for me , what can I do to show the judge that I was aboard and its my attorney’s malpractice, not my purpose to miss the court date?
thank you
Andres:
Graciacs por tu pregunta.
Mi consejo es asi:
1) Llama este sr “Mr. Tickets” y cuentale que paso. Preguntale por que el no fue a corte.
2) Si su respuesta no vale, digale hay que correjir todo GRATUITO.
3) Si el no quiere corrrejir sus errores, llama a “State Bar” donde el tiene su licencia juridical y hacer una queja.
En mi opinion, no es su culpa que no fue a corte si el abogado te digo el iba arreglar todo y tu presencia no era un requesito.