Failure to Appear in Connecticut — What You Need to Know

When you are required to appear in court, the judge and prosecutor expect you to be there on time and ready. Missing a court date in Connecticut is far more serious than most people realize. It does not matter whether the underlying case involves a felony, misdemeanor, or even a motor-vehicle offense: failing to appear can trigger a separate criminal charge, an arrest warrant, bond forfeiture, and other ripple effects that can make your situation far worse than it originally was.

The good news is that Connecticut law recognizes that not every absence is intentional. Courts will sometimes work with defendants who act quickly, retain counsel, and provide credible explanations. This article will walk you through how the law defines Failure to Appear (FTA), what actually happens when you miss court, the potential penalties, and the most effective ways to resolve the problem before it spirals out of control.

Connecticut law divides Failure to Appear into two categories: first degree and second degree. The difference depends on the seriousness of your underlying case.

Failure to Appear in the First Degree is charged when a defendant willfully misses a scheduled court date in connection with a pending felony case or while on probation for a felony conviction. It is a Class D felony, carrying penalties of up to five years in prison, a $5,000 fine, and/or probation.

Failure to Appear in the Second Degree is charged when the missed appearance is tied to a misdemeanor or motor-vehicle case that carries potential jail time, or a probation violation hearing for a misdemeanor-level conviction. This is a Class A misdemeanor, which carries up to one year in jail, a fine of up to $2,000, and probation.

It is not enough for the State to show you missed court; prosecutors must prove you did so willfully. That means knowingly and intentionally failing to show up, as opposed to missing court because of a genuine emergency, lack of notice, or other valid reason. This distinction is often the foundation of a defense.

Missing court is never a harmless event. Several things can unfold almost immediately after your absence is noted on the record.

In many cases, before a judge authorizes a re-arrest, the Bail Commissioner’s Office sends out what is often referred to as a “second chance” letter. This is mailed to the address you gave the court or your attorney, and it directs you to return to court voluntarily on a new date. Responding to this letter quickly can sometimes prevent a full warrant from being issued. Unfortunately, people frequently miss these notices if they have moved or failed to update their mailing address with the court. This is why it is critical to always make sure the court has your current address.

If you ignore the Bail Commissioner’s letter or the court decides to act right away, a capias re-arrest warrant will be issued. In Connecticut, these are entered into the statewide PRAWN system (Paperless Re-Arrest Warrant Network). Once in PRAWN, any police officer can see the warrant and arrest you immediately — whether during a routine traffic stop, while at work, or even at home in front of family. This creates not only legal jeopardy but also embarrassment and disruption.

If you were released on bond, missing court places that bond at risk. Judges can order bond forfeiture, meaning the money or surety posted is lost. When you are brought back before the court on the FTA, your bond is often raised significantly, since missing court signals to the judge that you may not return willingly in the future.

For motor-vehicle matters, especially those originally handled through the Centralized Infractions Bureau, failing to appear or respond can trigger notification to the DMV, which in turn may suspend your driver’s license until the issue is resolved. People are often surprised when a routine stop reveals that their license is suspended due to a missed ticket or summons.

If you are already on probation and fail to appear for a violation hearing, you face two problems at once: the violation of probation and a new Failure to Appear charge. Judges treat this combination as extremely serious because it suggests you are unwilling to comply with court-ordered supervision.

At its core, the justice system relies on trust. When you are released on bond or promise, the court is essentially trusting that you will come back as ordered. Failure to appear breaks that trust. Judges often see it as a sign that the defendant cannot be relied upon, which is why bonds are increased, stricter release conditions are imposed, and in some cases, jail is ordered.

FTA is also treated as a separate crime. That means even if your original case is dismissed or resolved favorably, the Failure to Appear charge can linger as a conviction unless it is properly addressed. For many clients, this comes as a shock.

Despite the harsh consequences, many FTAs are defensible if you act quickly and provide clear evidence of why the absence was not willful.

Common defenses include:

• You never received notice of the court date because the court or clerk sent it to the wrong address.
• You experienced a genuine medical emergency or hospitalization, either personally or involving a close family member, and can provide records.
• Weather conditions, car accidents, or other transportation breakdowns made attendance impossible.
• You were incarcerated or detained elsewhere and physically unable to attend.
• Court scheduling errors — for example, a case being moved without proper notice.

By contrast, explanations such as “I forgot” or “I was busy with work” are rarely accepted as defenses, though they may be used in mitigation if you otherwise act responsibly once the issue arises.

The best way to protect yourself from the worst consequences is to have an attorney address the problem immediately.

First, a lawyer will check the status of your case, confirm whether a warrant has actually been issued, and determine whether a Bail Commissioner letter is still in play. If there is a warrant, your attorney can arrange for a controlled surrender, which shows the court that you are taking responsibility rather than waiting to be picked up.

Second, your lawyer will gather any documentation that supports your explanation, such as hospital records, proof of travel delays, or evidence of clerical errors. Presenting this material proactively can make the difference between a judge recalling the warrant or imposing harsher conditions.

Third, your lawyer can file a motion to vacate the FTA and request that the warrant be recalled, your bond reinstated, or your conditions of release modified. In many cases, a judge is willing to give someone a second chance if the absence was not willful and the defendant has taken quick action to remedy the situation.

Finally, if your license has been suspended in connection with a ticket or motor-vehicle matter, your attorney can guide you through resolving the court case and reinstating your license with the DMV.

The best defense is prevention. Always confirm your next court date before leaving the courthouse, and ask for a written reminder slip. Make sure your lawyer has your current phone number and address. Set multiple reminders on your phone and calendar. Arrange backup transportation in case your car breaks down.

If an emergency arises, call your lawyer or the court immediately. Even if you cannot make the hearing, showing that you tried to alert the court may make a huge difference in how the judge responds.

And if you realize you have already missed court, do not wait. Contact a criminal defense lawyer the same day. The faster you act, the more likely it is that the FTA can be resolved with minimal long-term damage.

Connecticut courts treat Failure to Appear very seriously. Missing a date can result in a new criminal charge, an active re-arrest warrant, bond forfeiture, and even license suspension. But in many cases, the problem can be fixed if you act quickly, provide proof, and have an experienced attorney by your side.

At the Law Offices of Allan F. Friedman, we have decades of experience helping clients resolve FTAs throughout Stamford, Bridgeport, Norwalk, and across Connecticut. We move quickly to recall warrants, arrange bond, and keep your record as clean as possible.

📞 Call us today at (203) 357-5555 for a free confidential consultation. We’re available 24/7 to protect your rights and guide you through the process.