What Happens If I Miss My Court Date for Misdemeanor in Florida?
Being charged with a criminal offense in Florida is stressful enough — but missing your scheduled court date can turn a manageable legal issue into a more serious situation. Failing to appear (FTA) in court will have serious consequences, including a warrant for your arrest, loss of bond, and can result in additional penalties on top of the original petit theft charge.
In this post, we’ll break down what happens when you miss a court date for criminal case in Florida, explain relevant laws and procedures, and show how an experienced criminal defense attorney can help fix the situation before it gets worse.
What Happens If You Miss Your Court Date?
1. A Bench Warrant Will Be Issued. This gives law enforcement the authority to arrest you at any time, including:
- During a traffic stop
- At your home
- At work or in public
Once arrested, you may be held in custody without bond until the court addresses the failure to appear or the Judge may set the bond at the time of issuance of the warrant.
A failure to appear can be charged as a separate criminal offense under Florida Statutes § 843.15, if the absence was “willful.”
2. You May Forfeit Your Bond
If you were released on bond, a missed court appearance almost always results in bond forfeiture under § 903.26, Fla. Stat. This means:
- You may lose the money or collateral posted to secure your release.
- The bondsman may send recovery agents to locate and surrender you.
- You may be required to post a higher bond amount upon re-arrest.
3. Failure to Appear Becomes a Part of Your Record
A failure to appear (FTA) is reflected in your criminal history and can:
- Undermine your credibility in future court proceedings
- Impact your eligibility for pretrial diversion or withhold of adjudication
- Affect bond or pretrial release decisions in future cases
- Show up on background checks for jobs, housing, or loans
4. Potential for Additional Criminal Charges – although unusual
If prosecutors believe your failure to appear was willful and intentional, you could be charged with a separate criminal offense:
- FTA on a Misdemeanor Charge → First-degree misdemeanor under § 843.15(1)(b), punishable by up to 1 year in jail.
- If the original offense was a felony, the FTA can be charged as a third-degree felony.
5. You May Lose the Opportunity to Negotiate Your Case
If you miss your court date, the prosecution may be less willing to offer favorable terms, such as:
- Diversion programs (e.g., theft school or deferred prosecution)
- Withhold of adjudication (keeping your record clean)
- Reduced charges or fines
How a Florida Criminal Defense Attorney Can Help
If you missed your court date for petit theft or any other offense, an experienced attorney can:
✔️ File a Motion to Set Aside the Warrant
Your attorney can file a Motion to Set Aside the Bench Warrant and explain to the court why the missed appearance occurred (e.g., illness, confusion, transportation issues, lack of notice). If granted, this may allow you to appear voluntarily rather than be arrested.
✔️ Reschedule Your Court Date
Contact a Florida Criminal Defense Lawyer Today