Failure to Appear and Capias Warrant in Virginia
If you just realized you missed court in Fredericksburg, Spotsylvania, Stafford, King George, or Caroline, do not wait and hope it will sort itself out. A failure to appear in Virginia can result in an additional criminal charge on top of the original traffic or misdemeanor charge. Do not panic. Below, our team explains what happens if you miss a court date in Virginia and what steps you should take next.
If you had a court date for a traffic or misdemeanor case in Virginia and you failed to appear, you may be facing a capias warrant in VA.
What is a capias warrant? A capias warrant is also known as a bench warrant. If you’re lucky, you’ll just have a show cause for failing to appear, but either way, you may be in even more trouble at this point.
Key Takeaways
- Failing to appear in Virginia is a Class 1 misdemeanor under Code §19.2-128 and is punishable by up to 12 months in jail or a $2,500 fine.
- Courts typically issue a capias (bench warrant) when a defendant misses a court date, allowing law enforcement to arrest the person and bring them before a judge.
- A capias can result in additional charges, increased bail, or jail time, and may require the defendant to address both the new FTA charge and the underlying case.
- Acting quickly can help lessen the consequences, including contacting the court the same day, gathering proof of emergencies, or turning yourself in voluntarily.
Failing to appear in Virginia under Code §19.2-128 is a Class 1 misdemeanor, punishable by up to 12 months in jail or a $2,500 fine. Judges issue a bench warrant (capias) when the defendant misses the hearing.
If you have a case where you’re facing actual jail time in court such as a DUI, a driving on suspended, a possession of marijuana, and even some forms of reckless driving, and you don’t go to your court date, the remedy for that normally is for the judge to issue a bench warrant for your arrest; it’s a capias issued failure to appear in court.
Video – click to watch instead of reading.
What Happens After a Capias Warrant Is Issued in Virginia?
Missing your court date can result in the court issuing a “Capias” or Arrest Warrant for Failure to Appear (FTA). This leads to immediate re-arrest, a new criminal charge, and the risk of being prosecuted on multiple counts. Courts treat FTAs seriously, often increasing bail or denying release entirely.
A capias warrant is a bench warrant issued by a judge for your arrest if you fail to appear at a court hearing in a misdemeanor or felony case, leading to severe consequences. What a Virginia capias warrants means is that any officer who can find you is going to have the power to arrest you and take you to jail.
Then you will appear in front of the judge for arraignment on the capias and then also to answer for the underlying charge for whatever you missed the court date for originally.
If you failed to appear at court and a capias is issued for failure to appear, you may be facing two misdemeanors instead of just the original charge, and in some cases, judges actually do send people to jail for not coming to court.
What Are the Penalties for Failure to Appear in Virginia?
In Virginia, the failure to appear penalty depends on the type of case. Willfully missing a court date for a misdemeanor can be a Class 1 misdemeanor, while missing a court date for a felony can be a Class 6 felony.
A failure to appear on a Virginia Class 1 misdemeanor can result in jail time, a fine, and a conviction that includes the initial charge. If the missed hearing involved crimes like reckless driving, driving with a suspended license, DUI, assault and battery, possession, or other misdemeanors, the missed date might be prosecuted as a separate case.
A judge may also consider the missed date when deciding bond, release conditions, continuances, or your credibility. Missing court can make your original case harder to handle.
Will a Failure to Appear Affect My Driver’s License?
Failure to appear can affect your driver’s license in some Virginia traffic cases. If you miss a traffic summons and do not take the required steps, the court may suspend your license until it is resolved.
This risk is separate from the criminal failure to appear. For reckless driving, driving on a suspended license, speeding, no operator’s license, or other charges, license suspension can become the most urgent problem. Jail is a concern, but being unable to drive to work may be your immediate issue.
If you think your license is suspended, do not guess. Check your case status, DMV record, and speak with an attorney before driving. Missing court and driving on a suspended license can escalate the situation quickly.
What Is the Difference Between a Capias and a Show Cause?
A capias is an arrest warrant, and a show cause is an order requiring you to appear and explain why you missed court. Both are serious, but the capias creates a more immediate risk.
Here is the difference:
- Capias warrant—authorizes law enforcement to arrest you and bring you before the court or a judicial officer; and
- Show cause—requires you to appear before the court and explain why you should not face consequences for the missed court date.
A bench warrant for a Virginia failure to appear requires an intelligent and planned response.
Can a Failure to Appear Charge Be Dismissed or Expunged in Virginia?
A failure to appear charge can sometimes be dismissed. Dismissal depends on the facts, the court, and whether the Commonwealth can prove the failure was willful. Missing court because you ignored a summons is different from missing court due to hospitalization, incarceration elsewhere, military duty, lack of notice, or another documented emergency.
Helpful supporting documentation may include:
- Medical records—hospital, urgent care, or treatment paperwork showing where you were when court started;
- Custody records—jail, detention, or law enforcement paperwork showing you could not appear;
- Travel or transportation records—tow receipts, repair records, rideshare records, or flight delays tied to the court date;
- Notice problems—documents showing an address issue, mailing problem, or confusion about the actual date; and
- Prompt corrective action—records showing you contacted the court or attorney quickly after discovering the problem.
Documentation does not guarantee dismissal, but it gives your attorney evidence to present instead of relying only on your word.
Eligibility for expungement is more limited. In Virginia, eligibility depends on the final outcome and whether the charge qualifies. If dismissed or resolved without conviction, an attorney can review expungement options. If convicted, expungement is usually harder or unavailable.
What Should You Do About a Failure to Appear in Virginia?
The best thing to do is to talk with an attorney right away.
If it’s still the same day that you’re supposed to be in court and you simply didn’t have a ride or your transportation broke down, you should definitely call the court as well.
In some courts, if you can get yourself to the courthouse before the close of business on the same day, the judge may withdraw that bench warrant in VA and might convert it to a show cause, or may simply continue the case to another day for a hearing.
You’ll still probably have to answer for why you weren’t there on time; however, it can make the situation better if you show up to court on the same day you were supposed to be there.
At Flusche & Fitzgerald, we help people who missed court in Fredericksburg-area traffic and misdemeanor cases. Andrew Flusche’s defense experience and Ryan “Fitz” Fitzgerald’s prosecutor background help us handle both the logistics of fixing the missed date and courtroom arguments to minimize damage.
What if the Court Date Was a While Ago and You’re Just Now Realizing You Missed It?
In a situation where you missed court more than a day ago, that’s where you definitely need to call us.
We can discuss your situation and what you’re really looking at. If you have an explanation for why you weren’t in court, you definitely should gather paperwork or witnesses about what happened.
For example, if you were in the hospital, then we may have a really good argument if the paperwork shows you were there during your required court appearance. We’ll want to bring copies of that to show the judge.
If you have a capias warrant, you’ll need to have that served on you, and it’s best if you can turn yourself in on the capias instead of being arrested when it’s inconvenient and perhaps very embarrassing.
This is another thing that we can help you with, and we know the courts around Fredericksburg, Spotsylvania, and Stafford.
If you call us, we can hopefully arrange a good time for the court and you to turn yourself in. In some cases, it may be where you get arraigned on the capias that very day, and the judge just sets a new court date for all your charges.
Pay only in cash for outstanding capias warrants. Contact a bail bondsman or authorized surety to obtain an appearance bond. The bondsman or surety will charge a fee for their service.
Also, turning yourself in does look good.
When you answer for the capias in court on the trial date, you’re going to be able to show the judge that you really are trying to be responsive to the court and, once you’ve learned about the problem, you took action quickly and then turned yourself in voluntarily on the capias.
The important thing to remember is that a capias or a show cause certainly has ramifications.
Contact Our Office Today
If you’re found guilty of failing to appear in court, the judge can give you jail time, so it is definitely a situation where you want to give us a call so we can see what we can do for you, and advise you about possible jail time.
If you’re facing a capias for failure to appear or not showing up in court, contact Flusche & Fitzgerald today so we can begin discussing the logistics and the possible outcome. Contact us today at 540-318-5824 to discuss your case and learn how we can help you.
FAQs
Can I Go to Jail for Missing a Court Date in Virginia?
Yes, you can go to jail for missing a court date in Virginia, especially if the judge issues a capias or finds that you willfully failed to appear. Jail risk depends on the original charge, your record, your explanation, and how quickly you respond.
Will a Failure to Appear Show Up on My Criminal Record in Virginia?
A failure to appear may show on your criminal record if it becomes a separate charge or conviction. Even before conviction, the record may show the missed appearance, capias, or related court action.
Can a Virginia Capias Warrant Be Recalled or Withdrawn?
A Virginia capias warrant may be recalled or withdrawn, but you need court action to do so. An attorney can help file a motion, arrange a hearing, or arrange a voluntary surrender if withdrawal is not possible.
Video: Failure to Appear in Virginia – What To Do
Legal Resources Used To Inform This Page:
To ensure the accuracy and clarity of this page, we referenced official legal and authoritative sources during the content development process:
- Virginia Code § 19.2-76.
- Virginia Code § 19.2-128.
- Virginia Code § 46.2-938.
- Virginia Code Title 19.2. Chapter 7. Arrest.
- Virginia Code § 19.2-234.
- Fairfax County General District Court. Missed Your Traffic/Criminal Court Date?
