What Happens If I Miss a Court Date in Arizona?

If you miss a court date in Arizona, the judge will almost always issue a bench warrant for your arrest, and you may face a separate criminal charge for failing to appear. In a misdemeanor case that additional charge falls under A.R.S. 13-2506, failure to appear in the second degree. In a felony case it falls under A.R.S. 13-2507, failure to appear in the first degree, which is a class 5 felony.

That sounds alarming, and it is serious. But this is a fixable situation, and the single most important thing to understand is that it gets harder the longer you wait. This article is general information about Arizona procedure, not legal advice about your case.

What a bench warrant means day to day

A bench warrant is an order from the judge authorizing law enforcement to arrest you and bring you before the court. Nobody may come knocking that afternoon, but the warrant does not expire on its own.

• It shows up on any routine traffic stop, and a stop that would have ended with a citation ends with an arrest instead.
• It can surface during a background check, a job application, or a housing application.
• In traffic and some misdemeanor matters, the court may notify MVD, which can lead to a license suspension.
• If you posted bond, the court can order it forfeited.
• Any release conditions you were under can be revisited, and the court may set stricter conditions going forward.

What to do in the first 48 hours after you miss a court date

Do not wait for someone to come find you. The difference between walking into court voluntarily with counsel and being arrested on a traffic stop three months later is enormous in how a judge sees you.

In most Arizona courts an attorney can file a motion to quash the warrant and set a new hearing date. Judges are generally more receptive when a person comes forward promptly with a legitimate explanation, and when the paperwork is filed properly rather than handled at the counter by someone who is understandably rattled.

Bring documentation of why you missed. A hospital record, a work travel record, a copy of a notice that went to an old address. Reasons matter, and documented reasons matter more.

Why people miss court, and why it is rarely what judges assume

In our experience the vast majority of people who miss a court date were not running from anything. Speaking generally and without identifying anyone, the reasons look the same year after year.

Notice went to an address the person moved out of months ago. A hearing got continued and the new date never reached them. A shift changed at work. A medical emergency. A child care collapse at seven in the morning. Sometimes a person simply wrote down the wrong day.

None of that is an excuse in the legal sense, and a court is not required to accept any of it. But a judge who hears a clear, documented explanation delivered promptly is in a very different frame of mind than one who hears nothing for six months. Past results do not guarantee future outcomes, and no one can promise you how a particular judge will rule.

The honest counterpoint: coming forward is not risk free

We would be doing you a disservice if we told you that walking into court always ends with the warrant quashed and everyone going home. It does not.

Depending on the underlying charge, your history and the court, you may be taken into custody when the warrant is addressed. A judge can impose stricter release conditions. The failure-to-appear charge can be pursued separately, and in a felony matter that is additional felony exposure with its own possible prison time.

That is exactly why you want counsel involved before you walk in. A lawyer can often arrange the appearance, file the motion in advance, and knows what a particular court expects. Doing this alone is possible. It is also where avoidable damage happens.

How this fits into your underlying case

A missed appearance does not decide your case, but it does color it. Prosecutors notice. Judges notice at sentencing. It can complicate plea negotiations that were otherwise moving in a reasonable direction.

Handled quickly, it often becomes a footnote. Left alone, it becomes a second case sitting on top of the first one. If you are early in the process, our post on what happens at an arraignment in Arizona walks through the first appearance. For the underlying matter, see our criminal defense and DUI defense pages.

Call Your Phoenix Attorney

If you miss a court date, or you think you may have, call us today. Consultations are free, a real attorney answers 24/7, we speak Spanish, we offer payment plans and we visit clients in jail.

Call Your Phoenix Attorney at 623-335-4014, or read about how we work with clients across Phoenix and the rest of Arizona. This article is general information and does not create an attorney-client relationship.

This article is for general information only and is not legal advice. Every case turns on its specific facts. Speak with a licensed Arizona attorney about your situation.