Failure to Appear for a Criminal Court Date in Indiana: What You Need to Know
Missing a criminal court date in Indiana can have serious consequences, including the possibility of an arrest warrant and even additional criminal charges. However, if you act quickly and take the right steps, you may be able to resolve the issue without severe penalties.
At Vining Legal, we understand that mistakes happen—sometimes due to transportation issues, miscommunication, or simply getting the date wrong. If you’ve missed a court appearance, here’s what you need to know and what you should do next.
What Happens When You Miss a Criminal Court Date?
When you fail to appear in court for a scheduled hearing (learn more about what happens when you miss court), the judge will typically take one of the following actions:
Issuing a Bench Warrant – In many cases, the court will issue a warrant for your arrest if you fail to show up.
Rescheduling the Hearing – If you contact the court promptly, they may be willing to reschedule your appearance instead of issuing a warrant.
Holding the Warrant Under Advisement – Sometimes, the court will delay issuing a warrant if you can provide a valid reason for missing the hearing.
If you have an attorney, they may be able to communicate with the court on your behalf to avoid an immediate arrest warrant.
What to Do If You Missed a Court Date
If you realize you missed your court date, don’t panic. Here are the steps you should take:
1. Call the Court Immediately
Many Indiana courts have all-day dockets, meaning they handle hearings throughout the day. If you missed an early morning hearing, calling the court as soon as possible may allow you to appear later in the day instead of waiting for a new court date.
2. Contact Your Attorney
If you have a lawyer, notify them right away. An attorney may be able to appear on your behalf, explain the situation to the judge, and work to prevent a warrant from being issued.
3. Check Online for Warrant Information
If you’re unsure about the status of your case, visit mycase.in.gov to check whether a warrant has been issued. If a warrant is active, your next steps are crucial.
What to Do If a Warrant Has Already Been Issued
If the court has already issued a failure to appear warrant, you still have options:
1. Determine If You Can Post Bond
Some warrants allow you to post bond immediately (learn how to prepare for your criminal case) to secure a new court date. If your case qualifies, you may be able to surrender yourself, pay the bond, and avoid being held in jail while waiting for your next hearing.
2. File a Motion to Recall the Warrant
An attorney can file a motion to recall the warrant, explaining:
Why you missed your court date.
That you are not attempting to evade the court.
That you are willing to appear at the next scheduled hearing.
Courts often grant these motions if you have a legitimate excuse and no history of missing hearings.
3. Arrange a Controlled Surrender
If the warrant is non-bondable (meaning you cannot pay bond immediately), an attorney may be able to arrange a surrender while the court is in session. This gives you the opportunity to explain the situation directly to the judge and possibly avoid being taken into custody.
Can You Face Additional Criminal Charges for Missing Court?
Yes. Under Indiana Code 35-44.1-2-9, intentionally failing to appear for a criminal court date can result in a Class A misdemeanor charge. While courts don’t always file new charges for failing to appear, the law allows for additional penalties, including up to one year in jail and fines.
What’s the Worst Thing You Can Do?
Ignoring an active warrant is one of the worst decisions you can make. The longer a warrant remains active:
The harder it becomes to get it lifted.
The more likely law enforcement is to arrest you at an unexpected time (such as during a traffic stop or at work).
The more difficult it is to convince the court you’re not a flight risk, making it less likely they’ll grant you a bond or recall the warrant.
Taking immediate action is the best way to protect yourself.
How Vining Legal Can Help
At Vining Legal, we have extensive experience helping clients: ✔ Avoid jail time (read our guide on what to do if arrested).
✔ Negotiate with the court for a new hearing date.
✔ Minimize penalties and avoid additional criminal charges.
If you’ve missed a court date or have an active warrant, don’t wait until you’re arrested to seek help. Call us today at (317) 759-3225 or contact us online at https://indianalawyer.esq/contact to schedule a consultation.
Key Takeaways:
✅ If you miss a court date, contact the court immediately.
✅ Check online at mycase.in.gov to see if a warrant has been issued.
✅ If you have a warrant, speak to an attorney about recalling the warrant or arranging a controlled surrender.
✅ Failure to appear can result in additional criminal charges.
✅ The worst thing you can do is ignore the situation—act quickly to resolve it.
If you need legal assistance, Vining Legal is here to help. Call (317) 759-3225 or schedule your consultation online today.