Maryland Failure to Appear Laws

A court date is an order to appear before a judge. In Maryland, as in most states, failure to appear at your court date is a criminal offense. Maryland courts treat a failure to appear as separate from the offense you failed to appear for, and any penalties may run concurrently with penalties for the failure to appear.

Maryland's failure to appear laws do not apply to parking citations, certain traffic offenses, or citations issued by Natural Resources police officers. They apply to all other court appearances, including jury duty and subpoenas.

If you fail to appear for a criminal case or other court appearance, the judge may issue a bench warrant for your arrest. A bench warrant means the judge issues it directly "from the bench" without an affidavit from a law enforcement officer. Once a judge issues a bench warrant, police can arrest you at any time, such as during a routine traffic stop. If you were out on bond, a bench warrant forfeits your bond.

Maryland Failure to Appear Laws

Failure to appear on a citation is a misdemeanor, with penalties of up to 90 days' jail time and fines of up to $500. The harm is not the possible penalty but its impact on your criminal case. Other things to be aware of:

• If you're out on bail or bond, missing your court date can forfeit your bond. You'll have to finish the rest of your time before trial in jail.
• Losing your bail for failure to appear can make getting a bond again difficult. It's a chance that's likely not worth taking.
• Judges and pretrial services will consider your failure to appear when setting new court dates or pretrial release. It will not be to your advantage.
• In Maryland, you will have a misdemeanor charge on your record. This is regardless of the resolution of your original criminal charge.

Missing a Court Date

If you miss a court date and think the judge may have issued a bench warrant, don't wait. Contact an attorney to file a motion to recall or "quash" the warrant. You should not try to do this yourself.

You can offer the court reasonable excuses for missing your court date. You should have evidence supporting your claim. Judges may accept absence for good cause, such as:

• Serious personal injury or illness
• Sudden family emergency (immediate family only)
• Incarceration on other charges
• Failure to receive notice due to court error
• Accident or other circumstances that prevented your appearance

If you miss a court appearance, you should notify the court through your attorney as soon as possible. The sooner you notify the court, the more likely the judge will consider your reason valid.

The judge will consider the nature of the charges, how soon you notified the court, and what evidence you provided to support your claim. If you missed a DUI hearing because you were in jail for another DUI, the court may not be sympathetic.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.

Related Resources:

If you would like to learn more about Maryland's failure to appear laws, the following links provide additional information:

• Tips for Your First Court Appearance
• Bail and Bonds
• Arrest

Get Legal Advice From a Maryland Criminal Defense Attorney

Failure to appear for your court date can land you in more trouble than the original charge itself. If you've missed court on a traffic violation or other trial date, getting legal representation from a Maryland criminal defense lawyer to protect your rights is a good idea. Their understanding of the law and criminal procedure can make a huge difference in your defense.