Missing a Court Date in Durham County: Consequences and Next Steps

If you forget your court date and fail to appear, the immediate consequence is that the case will be marked “called and failed” (meaning you were called in court but did not answer). Missing a court date for a criminal charge (including an impaired driving - DUI charge) in Durham County, North Carolina, is serious. In some instances, the judge may issue an Order for Arrest (OFA) – essentially a bench warrant – to have you brought before the court. In Durham County, for any misdemeanor or felony case (or any charge you were originally arrested for), an Order for Arrest is usually issued by the next business day after you miss court

This applies to District Court cases (typically misdemeanors like first-time drunk driving charges and Superior Court cases (felonies or appeals) alike. However, Durham does make a small exception for very minor traffic offenses: if your charge was a minor traffic infraction (not a criminal misdemeanor), the clerk might only issue a FTA - Failure to Appear it without a warrant – but that could trigger administrative action by the North Carolina Department of Transportation, Division of Motor Vehicles (DMV).

For a criminal misdemeanor or felony in Durham, it’s likely a warrant will be issued immediately when you fail to show up. The severity of the charge (misdemeanor vs. felony) influences how missing court is handled, but either way, a failure to appear is taken seriously.

For a misdemeanor charge in District Court, the judge will typically order your arrest and may forfeit any bond you posted. If you had been released on bail, “failing to appear” usually means you forfeit (lose) your bond on the spot. You could also face a new Class 2 misdemeanor charge for willfully failing to appear under North Carolina law (this is separate from your original charge). In practice, prosecutors don’t always add a new charge for every no-show, but it is legally possible – it carries up to 6 months in jail if convicted.

For a felony case in Superior Court, the consequences can be even tougher: willfully skipping a felony court date is itself a Class I felony. That means it could add an additional felony charge punishable by up to 8 months in prison for a first-time offender.

In addition, judges tend to view a felony defendant’s failure to appear as a flight risk. If you miss a Superior Court date on a felony, an arrest warrant may be issued immediately, and upon issuing an Order for Arrest, the judge may also set a higher bail or impose stricter conditions for release. You might even be held in custody with no immediate bond if the judge believes you won’t return – for example, some Durham judges (in appropriate circumstances) will not release a felony defendant again after a blatant no-show. In short, missing court for a felony can jeopardize your release status and make your situation much worse.

One major consequence of failing to appear is that your North Carolina driver’s license can be suspended. This is especially relevant for impaired driving (DUI/DWI) charges, since those are motor vehicle offenses. Under state law, if you miss court and don’t handle the case within 20 days, the clerk notifies the N.C. Division of Motor Vehicles (DMV) about your failure to appear.

The DMV will then send a letter to the address on your license, warning that your driver’s license will be revoked (suspended) on a certain date if you don’t resolve the court case. If you still haven’t appeared in court by the deadline, your license may be indefinitely suspended until you do resolve the case.

This suspension is serious – it won’t automatically lift until the underlying charge and the FTA (Failure to Appear) are cleared. Statewide, this is a very common problem: over 800,000 driver’s licenses in North Carolina were suspended due to missed court appearances for traffic offenses as of 2018. In other words, a substantial number of NC drivers had their licenses suspended for failing to appear in court on traffic matters.

In Durham County, as is the case throughout North Carolina, if a Failure to Appear goes on your record, a $200 FTA fee can be added to your court costs. (In North Carolina, this “FTA fee” is assessed once you finally handle the case, if the judge doesn’t waive it.) The bottom line is that by missing court you risk your driving privileges and will owe extra money in fees. And if you continue driving on a suspended license and get pulled over, you could be charged with Driving While License Revoked – piling on another misdemeanor charge.

If you miss a court date, an Order for Arrest (bench warrant) is usually issued quickly, but the timing can depend on the situation. In Durham’s District Court, if you were on the docket for a misdemeanor or any case where you were arrested initially, the judge generally signs an arrest order by the end of the court session.

(For example, if you miss a Monday court date, an OFA might be in the system by that evening or Tuesday morning.) For minor traffic tickets that were never arrestable offenses, the Durham Clerk of Court’s Office, on the 20th day after the missed date, may formally mark it as “Failure to Appear” and add the $200 fee. After that 20-day mark, the DMV notice and license suspension process kicks in.

For more serious charges (DWI, misdemeanors, felonies), expect an arrest order immediately when you fail to appear – there is no built-in grace period for those. It’s worth noting that an Order for Arrest in North Carolina is a type of warrant directing law enforcement to arrest you for missing court.

Once that order is active, any police officer or deputy who encounters you (for example, during a traffic stop or if they come to your home) can arrest you on the spot. It’s not unusual for officers to actively hunt you down for a missed court date, especially if the underlying charge is very serious. Police typically won’t knock on your door the next day for a failure to appear, but the warrant remains open indefinitely. In Durham’s jail population, about 10% of inmates were being held on Failure to Appear warrants at one point– often people picked up weeks or months later on that outstanding warrant. So while you might not get arrested immediately, the risk of arrest will hang over you until you address the missed court date.

The most important thing is not to panic, but act quickly. People miss court dates for all sorts of reasons – illness, work conflicts, not receiving the notice, etc. The court does not automatically know why you were absent, so it’s up to you to come forward and resolve it. If you realize you missed the date promptly (before an arrest warrant is issued), you may be able to avoid further consequences by contacting a criminal defense lawyer right away.

If an Order for Arrest has already been issued, the situation is more delicate. At that point, simply getting a new date from the clerk isn’t possible until the warrant is cleared. Do not just ignore the situation – an outstanding warrant and FTA will not disappear on their own, no matter how much time passes.

Even years later, the case and warrant can remain active until you deal with them, and the license suspension (if applicable) stays in effect. Ignoring it can lead to an unexpected arrest at a very bad time (like during a routine traffic stop or background check or when returning home from a vacation when you clear customs).

After a missed court date in Durham, there are generally two ways to handle it: (1) appear voluntarily to address it, or (2) be brought in on the arrest warrant. Voluntarily addressing it is obviously preferable. If you have an attorney, contact them immediately so they can guide you on the best approach. Your attorney may be able to appear in court on your behalf to explain your absence or file a motion before you even have to show up. In Durham, if a warrant (OFA) was issued, attorneys often use a local tool known as a “blue sheet” motion.

This is a special form used in Durham County to request the judge to strike (recall) the Order for Arrest and any bond forfeiture, and to give a new court date.

Essentially, your lawyer (or you, if you don’t have a lawyer) fills out this blue sheet explaining that you missed court and asking for another chance. The clerk will add information like the officer’s next available court date and submit it to a judge.

It is up to the judge to decide whether to grant this request.

If the judge signs off, the warrant can be lifted (“struck”), and a new court date can be scheduled without you being arrested. Judges may grant a motion to recall an order for arrest if the reason for missing is legitimate or if you came forward very quickly. You may need to provide documentation (for example, a doctor’s note if you were in the hospital, proof of car trouble, etc.) to persuade the judge. If the judge strikes your Failure to Appear, they may also cancel the FTA fee and reinstate any bond so you don’t lose money. This outcome leaves you with just a new court date as if the miss never happened (though the record will show that at one point you failed to appear, which your attorney can later explain if needed).

If the judge denies a motion to recall the warrant (or if you don’t attempt one), then the other route is to turn yourself in on the Order for Arrest. Surrendering yourself is far better than waiting to be arrested at an inconvenient time. In Durham, you can present yourself at the Warrant Control Center at the Durham County Jail to turn yourself in during business hours.

When you do, you’ll be processed and given a hearing before a magistrate or judge to address your release conditions. It’s a good idea to arrange a bail bondsman (in advance) when you turn yourself in.

This way, if a new bond is set, you can hopefully secure your release quickly. Depending on how long you delayed and the nature of the charge, the magistrate might set a higher secured bond this time. For example, if you had posted a bond and then missed court, the bond was likely forfeited – the judge may require you to post a new bond (sometimes higher) to get out again.

In some failure-to-appear arrests, the judge could even decide to hold you without bond for a short time, but for most misdemeanor cases in North Carolina you will still be entitled to some bond. The key is to show the court that you are not going to disappear again. Coming in on your own accord, as opposed to being caught after a long time, can be helpful. It demonstrates responsibility and can lead to a more favorable outcome (like the judge setting a reasonable bond or even striking the FTA once you physically appear).

There is also an important license-related step after you resolve a missed court date. If your driver’s license was suspended due to the failure to appear, simply getting a new court date or even handling the charge won’t automatically restore it. You may need to pay a license reinstatement fee to the DMV once the case is disposed and the FTA is cleared.

If DMV sent a notice of suspension, they may require a fee (and sometimes proof from the court) to reinstate your license. Make sure you follow up on this; otherwise, you might resolve your court case but continue unknowingly driving on a suspended license. Your attorney can help guide you on how to get your license reinstated after you’ve gone back to court – usually it involves paying the DMV fee and obtaining a clearance from the court that the case is done.

A local criminal defense attorney in Durham can be extremely helpful in dealing with a missed court date. The attorney may be able to appear in court the same day you missed (or the next day) to explain the absence to the judge and try to prevent an Order for Arrest from being issued. In Durham District Court, if your lawyer is present but you are not, sometimes the case can be held open or continued briefly at the lawyer’s request – this is at the judge’s discretion and usually depends on the excuse. If the warrant is already issued, your attorney can file (in appropriate circumstances) the motion to strike the FTA (the “blue sheet” request mentioned earlier) on your behalf.

Attorneys in Durham are familiar with local court procedures and practices. They may be able to get quick hearings on these motions to strike an order for arrest and/or recall a bench warrant. Your lawyer will want to get the case back on the calendar rather than leaving you in warrant status. They may present evidence of why you missed (for example, if you never got notice of the court date or had a genuine emergency) to convince the judge to give you another chance.

If you have already been arrested on the FTA, an attorney may still be able to help by arguing for a reasonable bond at your first appearance and making sure your case gets a new court date as soon as possible. In some cases, your lawyer might be able to handle the missed court date without you present, especially for minor misdemeanors or traffic matters. For instance, if you are from out of town and miss a simple court appearance, a local attorney might appear and negotiate a rescheduling or resolution so that you don’t have to travel back immediately.

However, for serious charges (like DUI or any felony), eventually you will have to appear in person to address the charge – an attorney can delay or manage the process, but you’ll need to face the court at some point to resolve the case. The attorney’s goal is to recall any warrants, minimize additional penalties (like asking the judge to waive the FTA fee or not impose a separate failure-to-appear charge), and get your case back on track.

In North Carolina, District Court is where most misdemeanor cases and initial hearings are handled, while Superior Court is for felonies, jury trials, and appeals of misdemeanors (there are important exceptions). In Durham County, the procedures for failing to appear are similar in both courts (you’ll get an arrest order and face possible license issues), but the stakes tend to be higher in Superior Court.

If you miss a District Court date on a misdemeanor, the case may simply be rescheduled once you address the issue, and it may be heard by a District Court judge relatively informally. Missing a Superior Court date (especially a scheduled trial or plea on a felony) is more problematic – the Superior Court judge may require a very good explanation and is more likely to demand your personal appearance to recall the warrant. In Superior Court, prosecutors might also choose to indict you for the separate felony of bail jumping (willful failure to appear) if it appears you intentionally fled, though this is not automatic.

Practically speaking, a felony FTA can complicate your underlying case: the court may increase your bond or even revoke bond altogether for a time, and it can damage any trust or leniency you might have otherwise gotten. By contrast, in misdemeanor District Court cases, judges see many FTAs and are often willing to reschedule the case if you come forward promptly, since those courts handle large volumes of minor offenses.

It’s still a serious matter, but, for example, a missed DWI court date in District Court can usually be put back on the calendar once you’re in touch with the court – whereas missing a felony court date in Superior Court (like an aggravated DWI that was elevated to a felony or any other felony charge) might lead to a longer-lasting warrant and a tougher fight to get back out of jail when you’re caught.

Either way, in Durham County, as is the case throughout North Carolina, failing to appear will not make the case go away. The case remains pending on the docket (or sometimes it’s temporarily taken off the active docket and marked “failure to appear – pending” with a warrant, but it can be brought back anytime). There is no statute of limitations issue caused by an FTA – the state can and will continue to have the right to prosecute you whenever you are found.

Missing one court date is not the end of the world, but it does have concrete legal effects you must deal with. You are unlikely to be immediately hauled off to jail for months just for one missed appearance if you handle it responsibly and quickly. Courts understand that mistakes happen, and in Durham, there are established procedures (like the blue sheet motion) to recall warrants for people who promptly try to fix the situation.

That said, if you ignore a missed court date, the consequences can snowball: you could be arrested at an inconvenient time, lose any bond money, accumulate extra charges or fees, and even spend days or weeks in jail that could have been avoided.

The safest course is to take action as soon as you realize you missed court. Contact an experienced criminal defense lawyer in Durham, explain that you missed your date and want to make it right, and follow their instructions.

If an arrest order is out, arrange to address it rather than waiting. By being proactive, you greatly increase your chances of getting the case rescheduled without major penalties. Many cases in Durham that start with a failure to appear can be put back on the calendar and resolved normally, as long as the defendant (you) ultimately shows up and handles the charges.

Key Tip: The court primarily wants to get the case back on track, not to punish you unnecessarily for one mistake. Showing responsibility now – by appearing or communicating – will go a long way toward minimizing the fallout from missing your court date.

If you've missed a court date or have concerns about a pending charge in Durham, it's a good idea to speak with someone who understands the local rules of court and preferred protocols to strike an Order for Arrest and address a failure to appear. Cole Williams Law is available to discuss your legal options and help guide you through the next steps. To talk through your situation, call (919) 688-2647.