What Should You Do If You Missed Your Court Date and Have a Warrant in North Carolina?

Life happens. Maybe you forgot your court date, wrote it down wrong, had a family emergency, or simply couldn’t get time off work. Whatever the reason, missing a scheduled court appearance in North Carolina, even for a minor traffic ticket, can trigger serious problems, including an Order for Arrest (often called a bench warrant) and potentially a suspension of your driver’s license. If you’ve discovered there’s a warrant out for your arrest due to a Failure to Appear (FTA) in Greensboro, Winston-Salem, High Point, Burlington, or anywhere in the state, ignoring it is the worst thing you can do.

Facing an outstanding warrant is stressful. You might worry about being arrested unexpectedly during a routine traffic stop or even at home or work. Here at Huggins Law Firm, our team understands that missing court often happens due to simple mistakes, not intentional defiance. We handle Criminal Law cases across the Piedmont Triad and regularly help clients resolve outstanding warrants and FTAs quickly and efficiently, often minimizing the negative consequences.

This page explains what happens when you miss court in North Carolina and how a lawyer can help you get things straightened out. For information on specific underlying criminal charges, please explore other sections of our site.

What is a Failure to Appear (FTA) and an Order for Arrest (OFA) in NC?

• Failure to Appear (FTA): This is simply the official notification sent to the North Carolina Division of Motor Vehicles (NCDMV) by the court clerk when you miss your scheduled court date for a traffic violation or certain criminal charges without a valid, excused reason.
• Order for Arrest (OFA) / Bench Warrant: This is an order issued directly by a judge commanding any law enforcement officer to arrest you and bring you before the court. An OFA is typically issued when you miss a court date for a more serious misdemeanor or any felony charge. Sometimes, judges issue OFAs even for traffic matters if there are multiple prior FTAs or other concerns. A “bench warrant” is essentially the same thing – an arrest warrant issued “from the bench” (by the judge).

The Immediate Consequences:

• Risk of Arrest: Once an OFA or bench warrant is active, you can be arrested at any time – during a traffic stop, at home, at work, or even coming through airport security.
• Driver’s License Revocation (for FTAs on traffic matters): If you fail to appear for many types of traffic offenses (including some misdemeanors like DWLR), the court clerk must notify the NCDMV after a certain period (often 20 days). The NCDMV will then mail you a notice, and if you don’t resolve the underlying ticket/charge and pay required fees within a set time, the NCDMV will revoke your driver’s license indefinitely until you comply. This is a very common way people end up with a revoked license without even realizing it. (NCGS § 20-24.1 & 20-24.2).

Ignoring an FTA or OFA only makes the situation worse, leading to potential arrest and license loss.

Why Do People Miss Court Dates? Is There Ever a Good Excuse?

People miss court for all sorts of legitimate reasons:

• Simple mistake with the date or time.
• Illness or medical emergency (yours or a close family member’s).
• Car trouble or transportation issues.
• Work conflicts they couldn’t resolve.
• Incarceration in another jurisdiction.
• Never receiving proper notice of the court date (e.g., ticket mailed to old address).

Does the Reason Matter? Yes and no.

• For the FTA/OFA: The clerk or judge usually issues the FTA/OFA automatically just based on your non-appearance, regardless of the reason initially.
• For Resolving It: Your reason for missing court becomes very important when your lawyer tries to get the OFA recalled (canceled) and potentially get the FTA fee waived or the underlying charge handled favorably. A documented, legitimate excuse (like a hospital record or a letter from an employer) strengthens your lawyer’s argument that your failure to appear wasn’t willful. Even without a perfect excuse, showing you are taking responsibility now is better than continuing to ignore it.

A Stat Few Realize: Failure to Appear is a massive issue clogging court dockets. While exact NC numbers fluctuate, studies in various jurisdictions often show that a very large percentage (sometimes 20-40% or more) of outstanding warrants are for low-level offenses and simple failures to appear, often stemming from traffic tickets or minor misdemeanors where people couldn’t afford the fine or missed the date. (Source: Research from organizations like the Fines and Fees Justice Center or legal policy think tanks often highlight FTA warrant issues). This doesn’t make ignoring it okay, but it shows how easily people can fall into this situation, often due to logistical or financial barriers rather than criminal intent.

What are the Dangers of Having an Outstanding OFA or FTA in North Carolina?

Letting a Failure to Appear or Order for Arrest linger can cause a cascade of problems:

• Arrest at Any Time: This is the most immediate risk. A routine traffic stop for speeding could result in you being handcuffed and taken to jail on the outstanding warrant. This can happen anywhere in North Carolina, or even out of state (though extradition depends on the seriousness of the original charge).
• Indefinite License Revocation: As mentioned, an unresolved FTA for many traffic offenses will lead to the NCDMV revoking your license until the matter is cleared up in court and restoration fees are paid. Driving on that revoked license then becomes a new, more serious crime (DWLR).
• Increased Penalties on Original Charge: When you finally go to court, the judge might be less lenient on the original charge because you failed to appear initially.
• Additional FTA Charge: In some cases, willfully failing to appear can lead to a separate criminal charge for Failure to Appear (NCGS § 15A-543), though this is more common for felony cases or required appearances after being released on bond.
• Bond Forfeiture: If you were out on bond when you missed court, the bond will likely be forfeited.
• Difficulty with Background Checks: An outstanding warrant will show up on many background checks, potentially preventing you from getting a job, renting an apartment, or even boarding a plane in some circumstances.

The problem doesn’t go away by itself; it only gets potentially worse and more complicated the longer you wait. Finding the best way to address it proactively is key.

How Can a Lawyer Help Resolve a Bench Warrant or Failure to Appear in NC?

If you have an outstanding OFA or FTA in Greensboro, Winston-Salem, or another North Carolina county, hiring an experienced criminal defense lawyer is almost always the quickest and safest way to get it resolved. Here’s how a lawyer can help:

1. Verify the Warrant/FTA: First, your lawyer will confirm the status of the warrant or FTA with the court clerk and understand the underlying charge and any conditions set.
2. File a Motion to Strike the FTA / Recall the OFA: Your lawyer will file the necessary legal paperwork asking the court to remove the Failure to Appear notification and/or recall (cancel) the Order for Arrest.
3. Arrange a New Court Date: Your lawyer will work with the clerk and prosecutor to get a new court date scheduled for the original charge.
4. Argue Against Bond (or for Lower Bond): When appearing in court to recall the warrant, the judge might consider setting a new bond or keeping you in custody. Your lawyer will argue for your release, presenting your reasons for missing court (if valid) and your ties to the community, often arranging for you to turn yourself in voluntarily under controlled circumstances to avoid being arrested unexpectedly. In many misdemeanor or traffic cases, lawyers can often get the OFA recalled without you needing to be taken into custody at all.
5. Address the Underlying Charge: Once the warrant/FTA is handled, your lawyer will represent you on the original traffic ticket or criminal charge, working to get it dismissed, reduced, or handled in a way that minimizes the impact on your license and record. Resolving the original charge is necessary to clear the FTA with the DMV.
6. Handle DMV Restoration: After the court case is resolved, your lawyer can guide you through the steps needed to pay any fines and restoration fees to get your driver’s license reinstated if it was revoked due to the FTA.

Trying to handle an outstanding warrant yourself can be risky – you might be arrested when you show up at the courthouse. Having a lawyer navigate the process provides protection and significantly increases the chance of a smooth resolution. If you need help “near me” in the Piedmont Triad, our team is ready.

Key Takeaways for North Carolina Failure to Appear & Bench Warrants

• Missing court (FTA) for traffic/criminal charges can lead to an Order for Arrest (OFA) / Bench Warrant.
• FTAs on traffic matters often trigger indefinite driver’s license revocation by NCDMV until resolved.
• An active OFA means you can be arrested at any time.
• Penalties for the original charge may increase due to the FTA.
• Lack of knowledge is usually not a defense to DWLR resulting from an FTA, but can be a mitigating factor.
• Ignoring the problem makes it worse.
• An experienced lawyer can often get the OFA recalled, arrange a new court date, and potentially handle it without you being arrested.
• Resolving the underlying charge is necessary to clear an FTA with the DMV.
• Act proactively with a lawyer for the best outcome.

An outstanding warrant or Failure to Appear can hang over your head, causing constant worry and risking sudden arrest. Take control of the situation. If you missed court in Greensboro, Winston-Salem, High Point, Burlington, or anywhere in the Piedmont Triad, contact Huggins Law Firm today. Our experienced Criminal Law team knows how to efficiently resolve FTAs and OFAs. Call us for a confidential consultation: Contact link.