Failure to Appear

Information to Verify

• Defendant's full legal name
• Date of birth
• County where the case is pending
• Court file number, if available
• Original charge or charges
• Court date that was missed
• Whether the record shows called and failed
• Whether an Order for Arrest was issued
• Recommended bond conditions shown on the arrest order, if any
• Current bond amount and bond type
• Whether the person is already in custody
• Other warrants, counties, or holds
• Name and contact information of the attorney
• Name of the original bondsman or surety
• Caller and potential cosigner information

• Confirm the correct case and court date
• Contact the attorney promptly if represented
• Contact the Wake County Clerk of Court or follow the applicable local procedure
• Check whether an FTA or Order for Arrest has been entered
• Preserve documents showing why court was missed
• Do not assume the court automatically granted a new date
• Do not assume that calling a bondsman recalls the arrest order
• Contact a bondsman if the person is arrested or surrenders and an eligible secured bond is set

• The form is a request to the court
• Filing it does not guarantee approval
• The judge controls whether the FTA is stricken
• The judge controls whether the Order for Arrest is recalled
• The judge controls whether the case is reset
• A represented defendant should communicate with the attorney
• Court staff and bondsmen cannot provide legal advice about whether the motion should be granted

For detailed information about checking and recalling an active order, see the Order for Arrest after missing court guide. For how a new bond works after arrest or surrender, see bond after missing court.

Surrendering does not automatically guarantee immediate release, a particular bond amount, recall of the FTA, cancellation of forfeiture, or removal of another hold. Do not advise when, where, or how an individual should surrender—direct that decision to the attorney and appropriate authorities. For immediate assistance from a licensed Raleigh bondsman, call with the defendant's information. For the broader county process, see how bail works in Wake County.

The Statutory Process

1. 1The judicial official must impose at least the release conditions recommended in the Order for Arrest issued for the defendant's most recent failure to appear.
2. 2If that Order for Arrest recommends no release conditions, the judicial official must require a secured appearance bond of at least double the amount of the most recent previous secured or unsecured bond for the applicable charges.
3. 3If no bond had previously been required for those charges, the secured bond must be at least $1,000.
4. 4The judicial official must also impose appropriate restrictions on travel, associations, conduct, or residence intended to help assure that the defendant appears in court.
5. 5The release order must indicate that the defendant was arrested or surrendered after failing to appear under a prior release order.
6. 6If the available information shows two or more prior failures to appear for those charges, the judicial official must indicate that fact on the release order.

Posting one eligible secured bond may not result in release if another bond, hold, or release condition remains unresolved.

• Entry of forfeiture
• Notice of forfeiture
• Motion to set aside
• Final judgment
• Relief from final judgment
• Contractual responsibilities of the defendant and cosigner

• “C Bond” is bail-industry shorthand, not the official name used by the North Carolina statute or AOC-CR-200
• Agents commonly use the term when the release order indicates a second or subsequent failure to appear in the same case
• On the current AOC-CR-200, this appears in Finding 6
• A C Bond is not automatically the same thing as a cash bond
• The exact release order must be reviewed rather than relying only on someone's verbal description

• Confirm whether the original bond remains active
• Notify the bondsman immediately after learning of an FTA
• Provide accurate contact and location information
• Understand the indemnity agreement
• Understand potential collateral exposure
• Understand that a new bond is a separate approval decision
• Ask whether the release order shows a second or subsequent FTA
• Confirm every future court date
• Keep address and telephone information current

• Not every missed traffic court date requires a bail bondsman
• An unresolved traffic FTA may be reported to NCDMV under the applicable process
• Additional fees or license consequences may arise
• An Order for Arrest is not automatic in every traffic case
• Visitors should verify the case through the court and current NCDMV information
• A bondsman becomes relevant when custody and an eligible secured bond are involved

• Verify the next court date through an official source
• Save the date in multiple calendars
• Set reminders several days and hours in advance
• Confirm whether an attorney will appear or whether the defendant must personally appear
• Keep the attorney, court, and bondsman updated with current contact information
• Read every release condition
• Plan transportation early
• Contact the attorney immediately when a serious emergency may affect attendance
• Do not assume a continuance has been granted without confirmation
• Keep copies of court notices