How to Handle a Bench Warrant or Failure to Appear in Alabama

Failure to appear for a court appearance in a criminal case in Alabama can result in a bench warrant, additional criminal charges, and forfeiture (loss) of any bond you posted.

What Is a Bench Warrant for Failure to Appear?

If you're released after posting a bond or on your own recognizance (your promise to appear) in a criminal case in Alabama, you must appear for all court dates, such as arraignment, hearings, trial, sentencing, and probation revocation proceedings. If you fail to appear, the judge can issue a bench warrant.

A bench warrant directs the police to arrest and bring you before the court. When police arrest someone on a bench warrant, the person typically will be taken to jail and held there until the judge is available for a hearing.

Bail Jumping Penalties for Failure to Appear in Alabama

Not only can the judge order you arrested when you don't show up for court, but the prosecutor can charge you with bail jumping. This charge, which can be either a felony or misdemeanor, is separate from the charges in the case the defendant fails to appear on. It applies even if you are released on your own recognizance (without bail). (Bail jumping charges don't apply to persons who fail to appear on misdemeanor traffic charges. More on traffic violations below.)

Bail Jumping in the First Degree

If a defendant fails to appear in a case involving Class A or B felony charges, they can be charged with a Class C felony for bail jumping in the first degree. Class C felonies carry up to 10 years of prison time and a fine of up to $15,000.

Bail Jumping in the Second Degree

If a defendant fails to appear in a case involving misdemeanor or Class C felony charges, they face a Class A misdemeanor for bail jumping in the second degree. It carries a sentence of up to one year in jail and a fine of up to $6,000.

Defenses to Bail Jumping

Alabama law places the burden on the defendant to prove that their failure to appear was unintentional or unavoidable due to circumstances beyond their control. Forgetting one's court date won't count and neither will showing up late to court due to traffic.

Some common reasons why a defendant might not be guilty of failure to appear could include a motor vehicle accident, hospitalization, serious illness, death of a close family member, the defendant's car breaking down on the way to court, or being in jail in another location.

A defense is more likely to succeed if there's evidence (other than just the defendant's word) that circumstances beyond the defendant's control prevented them from appearing. A defendant's explanation for missing court will be more credible if they can provide, for example, medical bills that showed serious illness, documentation of a car accident on court day, and so on.

(Ala. Code §§ 13A-10-39, 13A-10-40 (2024).)

Failure to Appear or Pay Traffic Citation in Alabama

If you receive a traffic ticket or citation from an officer, it will provide a future court date. Some traffic tickets can be resolved without a court appearance if the person pays the fine on time. In certain cases, a misdemeanor traffic violation can result in an arrest and release on bond with a future court date.

Failure to pay the citation or appear in court can result in several consequences, including the issuance of a bench warrant, suspension of your driver's license, late fee assessments, additional criminal charges (a misdemeanor for failure to appear), and forfeiture (loss) of any bond you might have posted.

(Ala. Code §§ 32-1-4, 32-1-6 (2024).)

Consequences of Failing to Appear in Alabama

Failure to appear shouldn't be taken lightly. A bench warrant allows the police to take you into custody essentially anywhere, at any time: They can come to your home, your work or place of business, or a social event and arrest you. You also can be arrested if a police officer discovers the warrant during a traffic stop for a minor traffic violation.

A conviction for failure to appear becomes part of your criminal record and can affect your conditions of release if you're charged with another crime in the future. The conviction will appear in any background checks for employment or housing.

If you don't have a good reason for your failure to appear, the court can forfeit your bond and you can be held in jail until your case is completed. If the bond is forfeited, the money you posted won't be returned to you when the case is over.

What to Do If You Miss Your Court Date in Alabama

If you miss a court date or learn that a court has issued a bench warrant for failure to appear, you should contact an attorney immediately for legal advice. An experienced criminal defense attorney can contact the court on your behalf, possibly arrange for you to appear in front of the judge rather than be taken into custody, and assist you in preparing a defense or addressing sentencing if you are formally charged with failure to appear.