Failure to Appear (verb) – A defendant’s absence from a criminal proceeding. Failure to appear is a crime committed when a defendant who has been issued a summons in a criminal case does not attend court on the stated date and time. Late arrival may be excused, and the decision to issue a warrant for the arrest of a non-appearing defendant rests with the trial judge or magistrate.

A failure to appear for a hearing or trial for which bail had been posted will result in a forfeiture of the bail, unless the defendant or the defendant’s bond holder can demonstrate that there was good cause for the failure to appear.