What Happens If You Miss a Court Date in California

Missed court? Call your attorney today. The sooner your attorney knows, the more options there may be. If you don't have an attorney, call the court clerk.

1. The judge can issue a bench warrant

When a defendant doesn't appear, the court can issue a bench warrant for their arrest. Until it is recalled, any contact with police, such as a traffic stop, can lead to arrest.

2. Bail can be forfeited

If you were released on bail, the court can declare the bail forfeited under Penal Code section 1305. The law gives a limited period, generally 180 days after notice of forfeiture is mailed, for the forfeiture to be set aside, for example if the defendant returns to court. The cosigner on the bond may owe the full amount if it isn't.

3. A new charge is possible (criminal cases)

Released on your own recognizance: under Penal Code section 1320, a willful failure to appear is a misdemeanor in a misdemeanor case and a felony in a felony case.
Released on bail in a felony case: Penal Code section 1320.5 makes a willful failure to appear a separate felony.
Traffic tickets: Vehicle Code section 40508 makes willfully failing to appear on a written promise to appear a misdemeanor.

"Willful" matters: a genuine emergency or a mistake may be treated differently. Your attorney can explain your options.

4. It can affect your case

A missed appearance can lead the court to set higher bail or stricter release conditions, and it can affect plea negotiations and sentencing.

Civil, family law, and immigration cases

Outside criminal court there is usually no arrest warrant for a missed hearing, but the result can be just as serious: the court can go ahead without you.

Civil cases

Trial: if one side doesn't appear, the court can hear the case and decide it based on the other side's evidence (Code of Civil Procedure section 594). A plaintiff who doesn't appear for trial risks having the case dismissed.
Case management conferences and other hearings: the court can issue an order to show cause and impose sanctions for not appearing.
Small claims: if the plaintiff doesn't appear, the claim can be dismissed; if the defendant doesn't appear, the court can enter judgment for the plaintiff.

Family law

Requests for Order (custody, visitation, support): the judge can make orders based only on what the other side presents, or take the request off calendar if the person who filed it doesn't appear.
Domestic violence restraining orders: if the person who asked for the order doesn't appear, the temporary order can expire. If the restrained person doesn't appear, the court can grant a restraining order that lasts up to five years (Family Code section 6345).
Contempt: in contempt proceedings, such as for unpaid support, the court can issue a warrant for the arrest of someone who doesn't appear.

Immigration court

Removal order in absentia: if a person in removal proceedings misses a hearing after proper notice, the immigration judge can order them removed without them there (Immigration and Nationality Act section 240(b)(5), 8 U.S.C. 1229a(b)(5)).
Lost options: missing a hearing after notice can make a person ineligible for certain relief, such as cancellation of removal, voluntary departure, and adjustment of status, for 10 years (INA section 240(b)(7)).
Reopening is limited: an in absentia order can be challenged only in narrow cases, such as exceptional circumstances (generally within 180 days) or lack of proper notice. Talk to an immigration attorney immediately.

Immigration court is federal, so these rules apply in every state, not only California.

What to do right away

Call your attorney (or bail agent) the same day. In civil, family, and immigration cases, deadlines to ask the court to set aside what happened can be short.
Don't wait for the warrant to find you. Your attorney may be able to get it recalled and a new date set.
Keep proof of anything that kept you from court, like a hospital record.

How to avoid missing court

Put every court date in your phone, ask your attorney for reminders, and have a family member keep track too. Studies of text reminders found fewer bench warrants among people who got them. See the research.

Attorneys and bail agents: how to remind clients of court dates.

This guide is general information, not legal advice. Rules differ by state and court; check the rules that apply to your practice.

Questions

What happens if you miss a court date in California?

The judge can issue a bench warrant for your arrest. If you were released on bail, the bail can be forfeited. If you were released on your own recognizance, a willful failure to appear can be charged as a separate crime.

Can a missed court date be fixed?

Often, if you act quickly. Contact your attorney right away. They may be able to ask the court to recall the warrant or set a new date, and a bail agent may be able to get the bond reinstated within the time the law allows.

What happens if you miss a family court or civil hearing?

The court can go ahead without you. In family court, the judge can make custody, visitation, or support orders based only on the other side's request, or grant a restraining order. In a civil case, the court can decide the case on the other side's evidence or dismiss your claim.

What happens if you miss an immigration court hearing?

If you had proper notice, the immigration judge can order you removed in absentia, and you may become ineligible for certain relief for 10 years. Reopening is possible only in limited situations, so contact an immigration attorney right away.

Is failure to appear a crime in California?

It can be. Penal Code section 1320 makes a willful failure to appear after release on your own recognizance a misdemeanor in a misdemeanor case and a felony in a felony case. Penal Code section 1320.5 covers willful failure to appear after release on bail in a felony case.

What happens if you miss a court date in California.