Missing a court date in Washington, whether in Yakima County, Kittitas County, or anywhere else in the state, is one of those situations where a bad day can turn into a much worse problem very quickly. I get calls from people who missed a court appearance and aren't sure what to do next. The good news is that it's usually fixable. The key is acting fast and not hoping it goes away on its own.
What Happens Immediately After You Miss Court
When you fail to appear for a scheduled court date in Washington, the judge will typically issue a bench warrant for your arrest. This happens almost automatically, the court marks you as a failure to appear (FTA) in the record, and a warrant is entered into the state's system.
Once a warrant is in the system, law enforcement can arrest you at any time: during a routine traffic stop, at your home, at work. The warrant doesn't expire. And if you're pulled over for something minor, a broken taillight, a speeding ticket, that warrant will show up and you'll be taken into custody on the spot.
For cases in Yakima County, warrants issued in Yakima County District Court or Superior Court are entered into the statewide system and can be executed anywhere in Washington.
Additional Charges for Missing Court
Beyond the warrant, missing a court date can result in additional criminal charges. If you were out on bail and failed to appear, bail jumping is a separate offense in Washington, a gross misdemeanor if the underlying charge was a misdemeanor, and a felony if the underlying charge was a felony. A bail jumping conviction adds to your exposure on top of the original case.
Your bail bond, if any, may also be forfeited.
What You Should Do
The worst thing you can do is nothing. Here's what actually helps:
Contact an attorney immediately. An attorney can often appear in court on your behalf, explain the circumstances of the missed date, and request that the warrant be quashed (recalled). Courts in Yakima County and Kittitas County will sometimes recall a warrant if you appear voluntarily and quickly, especially for first-time failures to appear with a credible explanation.
Don't get arrested on the warrant if you can avoid it. Walking in voluntarily, through an attorney, is almost always better than being taken into custody during a traffic stop. Courts respond differently to someone who presents themselves versus someone who was arrested.
Act quickly. The longer you wait, the more it looks like deliberate avoidance. Courts are more sympathetic when the failure to appear is addressed promptly.
The Underlying Case Still Needs to Be Resolved
Quashing a warrant doesn't make the original case disappear. Once the warrant is addressed, you're back to dealing with the charge that brought you to court in the first place. But at least you're no longer carrying an active arrest warrant while trying to live your life.
If you have an outstanding warrant in Yakima County or Kittitas County, or missed a court date and aren't sure what to do next, call my office for a free consultation: (509) 293-7593.
Tony Swartz is a criminal defense attorney in Ellensburg, WA, serving Yakima and Kittitas Counties.