When you are facing criminal charges in Arizona, appearing in court is not optional. Missing a scheduled court date can lead to much more than a delay in your case. Whether the charge involves a misdemeanor or felony, failing to appear in court can result in a bench warrant, additional criminal charges, and in many cases, jail time.
Table of Contents
- What Is Considered a Failure to Appear in Arizona?
- Criminal Charges for Failure to Appear in Court
- Legal Consequences of Missing a Court Date
- Examples of What Happens If You Fail to Appear in Court
- Valid Reasons for Missing Court
- What to Do If You Missed Your Court Date
- How a Criminal Defense Lawyer Can Help
- Penalties for Failure to Appear in Court (Arizona)
- Contact the Law Offices of Daniel Hutto for Criminal Defense Help
Understanding the consequences of failing to appear in court and how a criminal defense lawyer can help you respond is critical to protecting your freedom. This article will help you understand the legal consequences, what happens if you fail to appear in court, and how to seek the best possible outcome.
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What Is Considered a Failure to Appear in Arizona?
Under Arizona law, a person is required to appear in court if they are given notice—whether in person, by citation, or through official court documentation. When someone fails to appear in court as required, it is a separate criminal offense and often triggers a bench warrant for your arrest.
The court will typically issue a bench warrant immediately after a missed court date. This applies whether your original charge is a traffic violation, misdemeanor, or felony. Failing to show up in court can result in serious legal consequences.
The two main statutes governing failure to appear are:
- ARS 13-2506: Failure to appear in the second degree (Class 2 misdemeanor)
- ARS 13-2507: Failure to appear in the first degree (Class 5 felony)
Criminal Charges for Failure to Appear in Court
Failing to appear in court can itself be a criminal charge:
- Misdemeanor Cases: If you were cited for a misdemeanor or petty offense and fail to appear, you could be charged under ARS 13-2506. This is a Class 2 misdemeanor, with penalties including up to 4 months of jail time and fines up to $750.
- Felony Cases: If you were released pending a felony charge and fail to appear, the court can charge you under ARS 13-2507. This is a Class 5 felony, which may result in prison time ranging from 6 months to 2.5 years, even if your original charge was unrelated.
Missing your court appearance doesn’t just affect your current case—it creates new failure to appear charges and can lead to additional criminal penalties.
Legal Consequences of Missing a Court Date
Missing court is a serious offense. When you fail to appear, the court can result in multiple legal consequences:
- Bench Warrant: The judge may issue a bench warrant for your arrest. This means law enforcement can arrest you at any time—during a traffic stop, at your job, or even at your home.
- Bond Forfeiture: If you posted bail or bond, the court may order the bond forfeited. You will lose that money and may have to pay fines to get a new bond set.
- Additional Charges: You could face additional criminal charges for failure to appear.
- Driver’s License Suspension: Especially in traffic court or DUI cases, the Department of Motor Vehicles may suspend your license.
- Harsher Sentencing: Judges may be less likely to show leniency if you miss a court hearing. Missing court may be viewed as contempt of court or disrespect for the legal process.
In short, appearing in court is critical to avoiding more severe outcomes. Even if you missed your court date by mistake, the consequences of missing a court date can be serious.
Examples of What Happens If You Fail to Appear in Court
Let’s look at how missing court can affect different types of criminal cases:
Example 1: Missed Court for a Traffic Violation
If you are cited for a traffic violation and fail to appear in court on the scheduled date, the court may issue a bench warrant for your arrest. You may also lose your driver’s license and face additional penalties.
Example 2: Missed a Court Date for a Misdemeanor
Suppose you’re charged with shoplifting (a misdemeanor) and forget to go to court. You could be charged with failure to appear, a separate Class 2 misdemeanor, and face additional jail time or fines.
Example 3: Failure to Appear in a Felony Case
In a felony case, missing your court appearance can lead to a new felony charge. If you fail to appear in court for a pretrial hearing, you could be charged under ARS 13-2507, even if the original case is dismissed later.
Valid Reasons for Missing Court
Not all missed appearances are treated equally. The court may consider the reason for missing court when determining how to proceed. Valid reasons for missing court, such as a medical emergency, car accident, hospitalization, or death in the family, must be substantiated with evidence and promptly communicated to the court to avoid penalties.
Even if the reason seems valid, you should speak with an experienced criminal defense attorney as soon as possible to help present your case and avoid jail time.
What to Do If You Missed Your Court Date
If you have already missed a court date, don’t panic—but do act quickly. A criminal defense attorney can help you:
- File a motion to quash the bench warrant
- Reschedule your court appearance
- Explain your reason for missing court
- Work with the court to minimize penalties
The faster you respond, the more likely you are to avoid jail time and additional fines.
How a Criminal Defense Lawyer Can Help
A criminal defense lawyer is essential in resolving failure to appear charges and minimizing the consequences of missing a court hearing. At the Law Offices of Daniel Hutto, our legal team will:
- Review whether you were properly notified and required to appear in court
- Determine if your absence in court qualifies for legal relief
- Represent your interests in court and negotiate for a favorable resolution
- Help you avoid jail time and protect your record
Your attorney can help you respond to the court, explain what happened, and help you reach the best possible outcome.
Penalties for Failure to Appear in Court (Arizona)
The table below provides a quick breakdown of Arizona’s statutes and their consequences related to failure to appear in court. The table below provides a quick breakdown of Arizona’s statutes and their consequences. These penalties depend on the type of charge you originally faced and whether your missed appearance involved a misdemeanor or felony.
| Offense | Statute | Penalty |
| Failure to Appear (Misdemeanor) | ARS 13-2506 | Class 2 misdemeanor, up to 4 months in jail, $750 fine |
| Failure to Appear (Felony) | ARS 13-2507 | Class 5 felony, 6 months to 2.5 years in prison |
Contact the Law Offices of Daniel Hutto for Criminal Defense Help
At the Law Offices of Daniel Hutto, our criminal defense team understands how stressful and confusing it can be to face charges—especially when a missed court date leads to additional penalties. Whether you’re worried about a bench warrant, failure to appear charges, or facing jail time, we’re here to help you take control of the situation.
We help clients file motions to quash bench warrants, appear at a court hearing to explain the reason for missing court, and negotiate with prosecutors to avoid additional penalties. Our team understands how the court may interpret your absence and works quickly to protect your rights, minimize legal consequences, and help you stay out of custody.
Attorney Daniel Hutto brings years of experience handling both felony and misdemeanor failure to appear cases across Arizona. He knows how judges view these situations and how to present your circumstances in a way that gets results.
Call 602-833-2741 today to schedule a free one-on-one consultation with a knowledgeable criminal defense lawyer. Our goal is to help you resolve your case and move forward with confidence.
