What happens if I miss a court date in Florida?

This page follows Florida's rules for a missed court date in a criminal or criminal traffic case, and what the clerks, the sheriff and the courts in Palm Beach, Broward, Miami-Dade and Martin counties publish about it. A missed date can often be addressed, but the options narrow as the days pass. The other stages of a case are mapped on our criminal defense practice areas page.

What happens the moment the case is called and you are not there?

1. The judge orders your arrest. For a person released on a notice to appear who does not respond, "a warrant of arrest shall be issued" (Rule 3.125(h)). In other cases the judge issues a capias, often called a bench warrant; the Miami-Dade Public Defender also uses the name "alias capias."
2. The bond is forfeited. Failure to appear at the time, date and place required "shall result in forfeiture of the bond," and the clerk enters it automatically (s. 903.26(2)(b)).
3. The surety is notified. The clerk sends notice to the bail bond agent and surety company within 5 days, and the forfeiture must be paid within 60 days of that notice (s. 903.26(2)(a)).
4. A new charge becomes possible. Willfully failing to appear while released under chapter 903 is a separate crime (s. 843.15(1)).
5. Release gets harder. The judge who sees you next decides whether to release you again, and the rules tighten for anyone whose failure was willful (Rule 3.131(d)).

How bond is set in the first place, and what a bondsman's premium buys, is explained in how bond is set and posted in Florida.

What can a missed court date lead to?

Is missing court a crime even if it was an accident?

The crime in s. 843.15 requires that the person "willfully" failed to appear. Forgetting a date, a hospital stay or a notice sent to an old address are facts that go to that word, and the State must prove it. The statute itself contains no list of excuses. The phrase people often hear, that circumstances beyond your control can excuse a missed date, comes from a different statute: s. 903.26(5)(a) requires the court to discharge a bond forfeiture within 60 days if it was impossible for the defendant to appear "due to circumstances beyond the defendant's control," and it says that the economic cost of appearing does not count. That rule protects the bond, not the defendant from a new charge.

The same statute lists other grounds to discharge a forfeiture: that the defendant was in a hospital, a jail or an immigration detention facility, was deported, or died at the time or within 60 days (s. 903.26(5)(b)), or was surrendered or arrested within 60 days in another jail with a hold placed (s. 903.26(5)(c)). Even after the 60 days, the court must order remission of the forfeiture within 2 years if there was no breach of the bond, and can order partial or full remission when the defendant is returned within set periods (s. 903.28).

Surrender or a motion: how do you clear the warrant?

There are two practical routes, and which one fits depends on the county, the charge and the judge.

• Turning yourself in. The warrant is served at the jail, and the person sees a judge, as on any arrest (Rule 3.130(a)). The Miami-Dade Public Defender says a person arrested on a bench warrant "will not be allowed to post bond and must appear before a judge." If the failure was willful, Rule 3.131(d) bars a recognizance bond.
• A motion through a lawyer. A lawyer may ask the judge, by motion, to reset the court date and address the warrant or the bond (Rule 3.131(e) governs applications to set or modify bail). Some divisions limit this: the Martin County felony division's 2026 procedures say in-court surrenders are not permitted except for extraordinary circumstances and with prior approval, and that this includes motions to set or reduce bond or for release on recognizance on pending warrants.

What the first hearing after an arrest looks like in Palm Beach is described in the Palm Beach County jail and first appearance. The Broward version is in the Broward Central Courthouse and Main Jail.

What do the local clerks and courts publish?

• Palm Beach County. The Clerk's Criminal Court line is (561) 355-2994, and court dates and case status can be looked up in eCaseview. Defendants can sign up for free text reminders of criminal court dates by emailing a signed authorization form; the messages come from +1 772-932-5660. Address changes go in by a Change of Address Notice. The Clerk also warns of a scam in which a caller claiming to be a deputy demands payment over the phone for an "outstanding warrant"; it says to hang up and call local law enforcement, and to call the Clerk at (561) 355-2996 with questions about whether a case exists.
• Broward County. The Clerk's Felony division is in the North Building of the Central Courthouse, 201 SE 6th Street, Fort Lauderdale, 1st floor, Room 1882, open weekdays 8:00 a.m. to 3:30 p.m., at 954-831-6565 (option 1). The Broward Sheriff's Office notes on its bond page that bond money is forfeited when a defendant fails to appear, citing s. 903.26(2)(b), and that unpaid costs are taken out of posted bond money.
• Miami-Dade County. Bench warrant arrests go before a judge without bond, according to the Public Defender, and bond hearings, except weekday domestic violence hearings, are held at the Gerstein Justice Building, described in what to expect at the Gerstein Justice Building.
• Martin County. In the felony division, a defendant who is not present when the case is called at docket call, without a filed waiver of appearance, faces "a Bench Warrant without bond," unless counsel asks and the court agrees to recall the case at the end of the docket. The courthouse is covered in the Martin County Courthouse in Stuart.

What changes the answer?

• Willfulness. The new charge needs a willful failure (s. 843.15(1)); a documented emergency is a different case from a choice not to go.
• Felony or misdemeanor. The new charge follows the original one: third-degree felony or first-degree misdemeanor (s. 843.15(1)(a), (b)).
• Timing. Showing up later the same day may persuade the court not to forfeit the bond (s. 903.26(2)(b)); the 60-day and 2-year windows in ss. 903.26(5) and 903.28 matter for the money.
• The type of release. A surety bond involves an agent and a company; a cash bond is held by the clerk, who must withhold unpaid costs before any refund (s. 903.286(1)).
• Whether you were required to attend. A misdemeanor defendant may be excused at his or her request with the court's leave (Rule 3.180(d)), and a lawyer's written plea of not guilty waives arraignment (Rule 3.160(a)), as explained in whether you have to go to your arraignment.
• Probation. Missing a probation appointment or hearing is a violation question, covered in bond on a probation violation.
• Traffic cases. A missed civil traffic hearing suspends the license (s. 318.15); a criminal traffic case can lead to suspension under s. 322.245. Driving on that suspension is explained in whether driving on a suspended license is a crime.

A worked example

For example, take a hypothetical Delray Beach resident charged with a misdemeanor and released on a $1,000 surety bond. The morning of her arraignment at the South County Courthouse she is admitted to a hospital, and the clerk enters a bond forfeiture when her case is called (s. 903.26(2)(b)). Two days later her lawyer files a motion explaining the hospital stay, asking for a new date and for the warrant to be addressed. The hospital records matter twice: they bear on whether any failure to appear was "willful" under s. 843.15, and, because she was confined in a hospital at the time of the required appearance, they support discharging the forfeiture under s. 903.26(5)(b). Had she simply forgotten and waited a month, she would face the same warrant with fewer facts on her side. This is a hypothetical walk-through of the statutes, not a client's case or a prediction.

Common mistakes after a missed court date

• Waiting and hoping. The 60-day forfeiture payment clock starts with the clerk's notice (s. 903.26(2)(a)), and most discharge grounds look at the first 60 days (s. 903.26(5)).
• Paying a caller who says a deputy will come unless you pay now; the Palm Beach Clerk calls this a scam.
• Showing up at the courthouse the next week without a plan; a later-day appearance still means forfeiture (s. 903.26(2)(b)).
• Moving without filing a change of address, so court notices go to the old home.
• Driving after a suspension notice from a missed traffic date (ss. 318.15, 322.34).
• Not telling the bondsman; how much of a forfeiture the surety recovers depends on how quickly the defendant is returned (s. 903.28).

What to do this week

1. Look up the case and the missed date on the clerk's website, or call the clerk.
2. Gather proof of why you missed it: hospital, work, travel or mail records.
3. Contact your bondsman if you have one.
4. Talk with a defense lawyer about a motion or a planned surrender before you go to the courthouse.
5. Update your address with the clerk and sign up for court reminders where the county offers them.
6. Do not drive if a suspension notice has arrived.
7. If you need an interpreter at the new date, request one early; see how to get a court interpreter in Florida.

Frequently asked questions

Can I just go to court the next day?

You can, but the statute says any appearance later than the required day is a forfeiture of the bond, and the court may not stop the clerk from entering it (s. 903.26(2)(b)). It is usually better to have a lawyer contact the court first.

Is there a warrant if I missed court on a notice to appear?

Yes. Rule 3.125(h) says a warrant of arrest shall be issued, and the notice form warns that a person who willfully fails to appear may also be held in contempt.

Will I get bond again after missing court?

Possibly, but after a willful failure to appear, a person who surrenders is not eligible for a recognizance bond, and one who is arrested needs a bond of at least $2,000 or twice the original, whichever is greater (Rule 3.131(d)).

What if I was in jail somewhere else on my court date?

The court must discharge the bond forfeiture within 60 days if, at the time or within 60 days after, you were held in any county, state, federal or immigration facility (s. 903.26(5)(b)).

Can my family get the bond money back?

If the forfeiture is discharged, a cash bond is refunded after the case ends or by court order, minus unpaid costs (s. 903.286; Palm Beach Clerk). Forfeited money that is not discharged within 60 days goes into the fine and forfeiture fund (s. 903.26(3)), and on a surety bond the remission rules in s. 903.28 decide what the surety recovers.

Does a missed traffic court date suspend my license?

For a civil infraction, yes: the clerk notifies FLHSMV within 10 days, and the suspension takes effect 20 days after the suspension order is provided (s. 318.15(1)(a)). Your choices on a ticket are compared in whether to pay or fight a traffic ticket.

How can Mr. Mead help?

Mr. Mead has more than three decades of criminal defense experience in South Florida. After a missed court date, he can check the docket, contact the court, prepare a motion where the division allows it or plan a surrender, and address both the bond and any new failure-to-appear charge. Every case is different, and no result can be promised. The consultation is free, and you can call (561) 362-6677 24 hours a day.

Request a Call Back