Can someone be arrested for failing to appear in court?

Asked on September 19, 2012 under Criminal Law, Nevada


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If someone does not appear for their criminal court case, then the judge can issue a capias for their arrest and require them to reappear and explain their absence.  The decision on when to issue the warrant will depend on the judge.  Some judges are more forgiving than others and will send a reminder notice of "appear or face warrant."  Others are less forgiving and will issue the warrant without any advance notice.  The best thing to do if you miss a court date is to contact the court immediately and explain the delay.  If you voluntarily appear, they tend to be more lenient and will usually give you a second chance.  If they have to have you arrested, they will be less forgiving because it looks like you are avoiding the court.

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