Order for Arrest After Missing Court

Information to Verify

• Defendant's full legal name
• Date of birth
• County where the case is pending
• File or case number
• Original charge or charges
• Missed court date
• Whether the record shows called and failed
• Whether an Order for Arrest appears
• Cause stated on the order, if available
• Recommended release conditions, if shown
• Current bond amount
• Current bond type
• Whether the person is in custody
• Other charges, warrants, or holds
• Attorney's name and contact information
• Original bondsman or surety information
• Caller and potential cosigner information

• Not every Order for Arrest is caused by a missed court date
• Not every missed court date automatically creates an Order for Arrest
• The order should state the cause for its issuance
• The current court record must be reviewed
• A bondsman cannot cancel or recall the order

Official Resources

• North Carolina Judicial Branch Portal
• Official court-date search
• Wake County Clerk of Superior Court
• The defendant's criminal defense attorney
• Current custody information when the person has been arrested

What to Verify

• Correct spelling of the defendant's name
• Date of birth
• County
• Case number
• Missed court date
• Current case status
• Whether an Order for Arrest was issued
• Whether it remains active
• Whether it has been recalled
• Whether a new court date has been entered

A third-party warrant website is not authoritative. An online result alone may not provide complete or real-time confirmation of service status. Confirm through the attorney or appropriate court office when the situation is unclear.

• Confirm that the correct court date was missed
• Check the official case information
• Contact the criminal defense attorney promptly if represented
• Contact the appropriate Wake County court office for current procedural information
• Preserve documentation explaining the missed appearance
• Ask whether an FTA and Order for Arrest were entered
• Confirm whether any request must be filed with the court
• Do not assume a new date automatically recalls an existing order
• Contact a bondsman if custody occurs and an eligible secured bond is authorized

• It is a request to the court
• Filing does not guarantee approval
• The judge decides whether to strike the FTA
• The judge decides whether to recall the Order for Arrest
• The judge decides whether to reset the case
• The defendant's attorney should normally be contacted when the defendant is represented
• The bondsman does not prepare legal arguments or decide whether the request should be granted

A new or rescheduled court date should not be treated as proof that an existing Order for Arrest has been recalled.

Visitors should separately verify:

• Whether the FTA was stricken
• Whether the Order for Arrest was recalled
• Whether the new date was officially entered
• Whether any bond forfeiture remains pending
• Whether other orders or holds exist

No. A licensed bondsman cannot recall, cancel, strike, or remove an Order for Arrest.

Do not advise when, where, or how an individual should surrender—direct that decision to the defendant's attorney and appropriate authorities. Arrest or surrender does not automatically guarantee immediate release, a particular bond, recall of the FTA, cancellation of bond forfeiture, removal of another hold, or a specific release time. For information about how the new bond is set and what Raleigh Bail Bonds requires, see bond after missing court.

A recommended amount is not a guaranteed final bond. The judicial official determines the actual release conditions after arrest or surrender.

• The judicial official must impose at least the conditions recommended in the most recent Order for Arrest issued for the FTA.
• If no conditions were recommended, the statute requires a secured bond of at least double the most recent previous secured or unsecured bond.
• If no bond had previously been required, the secured bond must be at least $1,000.
• Additional restrictions may be imposed to help assure the defendant's future appearance.
• The release order must indicate arrest or surrender after an FTA.
• When the information shows two or more prior FTAs in the case, the release order must indicate that fact.

Finding 6 on the current AOC-CR-200 states that this was the defendant's second or subsequent failure to appear in the case.

• Bail agents may refer to the resulting bond as a “C Bond”
• “C Bond” is industry terminology, not the official name on the form
• It creates significant additional forfeiture risk if another FTA occurs
• The exact release order should be reviewed before a cosigner accepts responsibility

Verify Every Line Before Paying or Signing

• An FTA entry does not mean the person has already been convicted of willful failure to appear
• Willfulness is a legal issue
• A separate charge may or may not be filed
• A bondsman cannot determine guilt or advise on defenses
• Questions about the separate charge belong with criminal defense counsel

A bondsman may post an approved bond promptly but cannot control or guarantee the detention facility's final release time.

• Confirm the defendant's legal name and date of birth
• Verify the county and case number
• Check the official case status
• Contact the attorney if represented
• Confirm whether an Order for Arrest exists
• Confirm whether it has been recalled
• Copy every current charge and bond
• Check for no-bond entries and outside holds
• Do not rely only on a verbal bond estimate
• Contact a licensed bondsman when an eligible secured bond is authorized
• Prepare identification and cosigner information
• Avoid discussing the criminal case publicly