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What happens if I miss my federal court date and a warrant is issued?
What Happens if I Miss My Federal Court Date and a Warrant is Issued?
Arrest and Detention
If there’s a warrant out for your arrest, law enforcement can take you into custody at any time. This means you could be arrested at home, at work, during a traffic stop – wherever officers are able to find you. Once arrested, you’ll be booked into jail and held until you can appear before the judge who issued the warrant. The judge will decide whether to release you on bail or keep you in detention until your case moves forward. Being jailed can disrupt work, school, family responsibilities, etc. It’s a traumatic experience that’s best avoided by showing up to court.
New Criminal Charge
Missing a court appearance doesn’t just violate the terms of your release, it’s also a federal crime in itself. Under 18 U.S.C. § 3146, failure to appear is punishable by up to 5 years in prison if the underlying offense is punishable by death or imprisonment for 15 years or more, and up to 2 years if the underlying offense is punishable by less than 15 years. The court can also impose a fine. So now you’re looking at an additional criminal charge with its own potential penalties.
Revoked Release
If you were out on bail, probation, or parole when you missed court, the judge will almost certainly revoke your release. This means any freedom you had – even with restrictions like drug testing or an ankle monitor – gets taken away. You’ll be detained without bail while the case moves ahead. Any bail money you already paid may be forfeited.
More Stringent Release Conditions
If you’re lucky enough to get bail again after the warrant, expect the conditions to be much tougher. The court will view you as a flight risk, so you may have a higher bail amount, GPS monitoring, home detention, and other rigid conditions. Your opportunities for pretrial release are much lower than they were before the warrant.
Harsher Sentencing
Any goodwill you had with the judge is now gone. By skipping court, you’ve demonstrated a lack of respect for the proceedings. This means you’re less likely to get a favorable plea bargain or lenient sentence. Judges have a lot of discretion when imposing sentences, so a failure to appear can definitely impact the punishment you ultimately receive if convicted.
Civil Judgment
If you miss court for a civil lawsuit in which you’re the defendant, the court may simply enter a default judgment in favor of the plaintiff. This means you automatically lose the case and could be ordered to pay money damages without having an opportunity to defend yourself.
Difficulty Getting Warrant Removed
Once a warrant is issued, it won’t just go away on its own. The court entered it into the law enforcement system, so it’s out there until a judge authorizes its removal. To get the warrant recalled, you’ll need to hire an attorney to file a motion on your behalf and persuade the judge to withdraw it. If you avoid the situation, the warrant will hang over your head indefinitely.
Other Consequences
A federal warrant can also impact your immigration status if you’re not a U.S. citizen, cause you to lose professional licenses, affect your eligibility for public services like housing assistance, result in driver’s license suspension, and lead to other fallout. And any time you have contact with police, they’ll arrest you on the open warrant.
Defenses and Strategies
All hope is not lost if you miss court and end up with a warrant. Here are some ways a federal criminal defense lawyer may be able to help:
- File a motion to recall the warrant – argue there’s no risk of flight and reasonable excuses for missing court
- Challenge the failure to appear charge – raise defenses like lack of notice, hospitalization, severe illness, etc.
- Negotiate bail and release conditions – advocate for minimal restrictions depending on your circumstances
- Mitigate the sentencing impact – explain the context, demonstrate acceptance of responsibility, etc.
- Get the warrant lifted – work with prosecutors to recall warrant once you’re back in court
- Address civil judgments – try to reopen cases and vacate default judgments entered in your absence
Preventing a Warrant
The best approach is avoiding a warrant in the first place. Here are some tips:
- Note all court dates prominently on your calendar – federal court is not lenient about excuses
- Arrange transportation and childcare if needed – have a plan to get there
- Request date changes well in advance if necessary – ask your lawyer to file a continuance motion
- If an emergency comes up, notify your attorney immediately – they can ask the court for a new date right away
- Follow your conditions of release – if you miss appointments, a warrant could issue
- If you think there’s a warrant, turn yourself in – it’s much better to deal with the situation than get unexpectedly arrested later
Consult a Lawyer
If you learn there’s a warrant out for you, or want legal guidance on avoiding this situation in the first place, it’s essential to speak with an experienced federal criminal defense attorney. They can advocate for your rights, guide you through the process, and seek the best possible outcome under the circumstances.
Missing federal court and facing a warrant is scary, but proper legal advice can help minimize the damage. With an attorney’s assistance, you may be able to recall the warrant, secure pretrial release, fight the failure to appear charge, and work toward the most favorable resolution in your case.
18 U.S. Code § 3146 – Penalty for failure to appear
Criminal Resource Manual 645 – Failure to Appear or Surrender | JM | Department of Justice
Failing to Appear in Court on a Criminal Charge | Lawyers.com
What Happens When You Miss a Court Date | Nolo