The Immediate Consequences
When a defendant fails to appear for a scheduled court hearing in Denton County, the consequences are swift and serious. The judge will typically issue a bench warrant for the defendant's arrest. This means law enforcement is authorized to arrest the defendant on sight, whether during a traffic stop, at their home, or anywhere else.
In addition to the warrant, the court initiates the process of bond forfeiture, which places significant financial liability on both the defendant and the indemnitor who signed the bail bond agreement.
Bond Forfeiture Explained
When a defendant misses a court date, the court issues a judgment nisi — a preliminary order declaring the bail bond forfeited. Under Texas law, this starts a statutory period during which the defendant can be located and brought before the court to potentially have the forfeiture set aside.
If the defendant is not returned to custody within the allowed timeframe, the forfeiture becomes final. The bail bond company is then liable to the court for the full bail amount, and the company will seek to recover that amount from the indemnitor. This can include seizing any collateral that was pledged when the bond was originally posted.
A Warrant Will Be Issued
A bench warrant issued for failure to appear (FTA) goes into the statewide law enforcement database. This means the defendant can be arrested during any encounter with police — during a traffic stop, at a routine checkpoint, or if officers respond to their address for any reason. The warrant does not expire and remains active until the defendant is apprehended or voluntarily surrenders to the court.
Having an active warrant also prevents the defendant from obtaining or renewing a driver's license in Texas and can cause problems with employment background checks.
How to Resolve a Missed Court Date
If you or a loved one has missed a court date in Denton County, the most important step is to act immediately. Contact your criminal defense attorney and your bail bondsman right away. In many cases, an attorney can file a motion with the court to recall the warrant and reschedule the hearing. The sooner this happens, the better the chances of resolving the situation without additional consequences.
Voluntarily surrendering to the court — rather than waiting to be arrested — is viewed more favorably by judges and can improve the defendant's position when requesting a new bond or bond reinstatement.
The Difference Between FTA and a New Charge
Failure to appear is not just a procedural issue — in Texas, it can result in additional criminal charges. Under Section 38.10 of the Texas Penal Code, failing to appear after being released on bail is a separate offense. If the original charge was a Class C misdemeanor, the FTA is also a misdemeanor. For all other offenses, failure to appear is a Class A misdemeanor, which carries up to one year in jail and a fine of up to $4,000.
This means that missing a court date can transform a manageable legal situation into a significantly more serious one.
How to Prevent Missing Court
The simplest way to avoid these consequences is to keep track of every court date and appear on time. Set multiple reminders, confirm the date and courtroom with your attorney, and plan to arrive early. If a genuine emergency prevents you from appearing, have your attorney notify the court before the hearing if at all possible.
Act Rapid Bail Bonds works closely with our clients to ensure they understand their obligations. If you have questions about your court dates or bond conditions in Denton County, call us at (940) 442-5353. We are here to help you stay on track.