Missing a court date is one of the most common ways a manageable legal situation turns into a crisis. Whether it was a genuine mistake, such as getting the dates mixed up, a notice getting lost in the mail, or a situation where you were simply too overwhelmed to show up, the Philadelphia court system doesn't just forget about you.
At van der Veen, Hartshorn, Levin & Lindheim, we have seen the panic that sets in when someone realizes they were supposed to be at court three days ago. If you find yourself in this position, the first thing you need to know is that while the situation is serious, there are often steps that can be taken to address it, provided you act quickly and strategically.
Here is the breakdown of exactly what happens when you miss a court date in Philadelphia and what you need to do to set things right.
Similar Post: From Misdemeanors to Felonies: How Criminal Charges Affect Employment Prospects
1. The Immediate Consequence: The Bench Warrant
The most immediate and significant consequence of a missed court date is the issuance of a bench warrant. This is an arrest warrant issued directly by the judge from the bench.
In Philadelphia, if your name is called at the courthouse and neither you nor your attorney is there to answer, the judge may wait until later in the session before taking action. If you still haven't appeared, the judge will often issue a warrant for your arrest.
Why a bench warrant is different: Unlike a standard arrest warrant for a new crime, a bench warrant is typically entered into a statewide law enforcement database. While police may not immediately seek you out at home, the warrant can surface during routine encounters with law enforcement. If you are stopped for a traffic violation or other minor issue, an officer may see the active warrant and take you into custody at that time.
2. Bail Forfeiture: The Financial Blow
If you were out on bail when you missed your court date, the court may initiate proceedings to revoke or forfeit your bail. This is a major financial hit.
In Philadelphia, when bail is posted as a 10% cash deposit, that deposit can be placed at risk if a defendant fails to appear. Depending on the circumstances, the court may order forfeiture of the deposit, revoke bail entirely, or impose new and more restrictive bail conditions.
If bail is revoked, a defendant may be taken into custody and required to meet new bail conditions before being released again. In some cases, this can involve higher bail amounts or fully secured bail, which can be difficult or impossible for families to afford. As a result, some defendants remain incarcerated until the case is resolved or bail is modified by the court.
3. New Criminal Charges: Failure to Appear
Many people are surprised to learn that intentionally failing to appear as required can result in a separate criminal charge. Under 18 Pa. C.S. § 5124, a person who knowingly fails to appear as required may be charged with Default in Required Appearance.
The grading of this charge depends on the underlying case:
- If you missed court for a felony case, Failure to Appear (FTA) may be graded as a third-degree felony.
- If the original case was a misdemeanor or summary offense, FTA may be charged as a second-degree misdemeanor.
This means even if you are eventually found not guilty of your original charges, you could still be convicted and sentenced to prison just for missing the court date.
4. The Loss of Credibility and Flight Risk Status
Beyond the immediate warrants and fines, missing court dates damages your credibility with the court. In the Philadelphia court system, judges have a lot of discretion. If you show that you cannot be trusted to show up, the judge may be less inclined to grant you leniency later.
When you finally do appear, the prosecution will argue that you are a flight risk. This can make it much harder for your attorney to argue for a lower bail, a house arrest program, or a favorable plea deal.
5. How to Resolve a Missed Court Date in Philadelphia
If you’ve realized you missed court, one of the worst things you can do is wait for the police to find you. Being arrested in front of your coworkers or family can make the situation look more serious. Turning yourself in can reflect an effort to address the situation responsibly.
The Turn-In Process
In Philadelphia, you can technically turn yourself in at the basement of the Criminal Justice Center (CJC). However, doing this alone is risky. You could be taken into custody and held until you can be brought before a judge. Depending on the circumstances, this wait could potentially go on for several days.
The Power of a Motion to Quash
In many situations, a more effective approach is for a criminal defense attorney to file a Motion to Quash or Lift the Bench Warrant on your behalf. Through the formal court process, your attorney can explain the reason for the missed court date, such as a medical emergency, lack of notice, or other legitimate issue, and request that the warrant be lifted and a new court date be scheduled.
While outcomes depend on the specific facts of the case, addressing the issue proactively through counsel can sometimes resolve a bench warrant without unnecessary time in custody.
6. What If You Had a Legitimate Excuse?
The court does understand that life happens. Common reasons or explanations that Philadelphia judges may consider include:
- Medical emergencies: You or an immediate family member was hospitalized (you will need documentation).
- Lack of notice: You moved, and the court sent the notice to the wrong address (and you had updated your info with the post office).
- Incarceration: You were actually in another jail or being held by another jurisdiction at the time.
Excuses like I forgot or I had to work are typically viewed as insufficient on their own by Pennsylvania courts. However, regardless of the explanation, addressing a missed court date promptly and proactively is almost always better than ignoring the issue.
Don’t Wait for a Knock at the Door. Let Us Help You Clear Your Name.
A missed court date in Philadelphia doesn’t automatically mean jail, but ignoring the situation can make the consequences far more serious. The longer a bench warrant stays active, the more it can appear that you are intentionally avoiding court. This is something that judges take seriously.
At van der Veen, Hartshorn, Levin & Lindheim, we understand how missed court dates and bench warrants are handled in the Philadelphia court system. Our criminal defense attorneys regularly work within these courts and know how to navigate the formal process for addressing outstanding warrants and missed appearances in a strategic and responsible way. We are Philly Tough, and we are ready to stand by your side with the goal of minimizing the impact of a missed court date on your life.
Your initial consultation is 100% free and confidential. We can review your case information, determine whether a warrant appears on the docket, and discuss the available options for addressing the situation. Whether you missed a preliminary hearing, a trial, or a probation meeting, we have the experience to help you create a plan to minimize further disruption to your life.
Call our Philadelphia office today at 215-486-0123 or fill out our online contact form. We are available 24/7 because we know that legal emergencies don't just happen during business hours. Let’s get your warrant lifted and your case back on track. We represent clients throughout PA, including Northeast Philadelphia, Center City, and West Chester.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.