What Happens If Someone Misses Court? Bail Forfeiture Explained

When a defendant fails to appear (FTA), the judge will usually issue a bench warrant and declare the bail forfeited. A missed court date can also become a separate criminal charge in many states.

Most states give the surety a set period — often somewhere between 90 and 185 days — to return the defendant to custody or show good cause before the forfeiture becomes a final judgment. During this period the agent may try to locate the defendant.

1. Contact the defense attorney immediately.
2. Call the bail agent; cooperating early often helps.
3. Ask whether the court allows a motion to recall the warrant and reinstate the bond.

Courts are often more forgiving of an honest mistake addressed quickly than a long absence.

If the forfeiture becomes final, the surety pays the court and turns to the indemnitor for repayment under the contract, including collateral. See co-signing responsibilities.