Charged With Failure to Appear? A Minnesota Lawyer Explains Your New Criminal Case and Why You Must Act Fast.
You missed your court date. Maybe you wrote down the wrong time, your car broke down, a child got sick, or maybe you were just too scared to face the judge. Whatever the reason, you now have a much bigger problem than just your original criminal charge. When you fail to appear for a required court hearing in Minnesota, the court doesn’t just reschedule. A warrant is issued for your arrest, and the prosecutor files a new and separate criminal case against you for Failure to Appear. You didn’t plan to end up here, but you are now fighting a war on two fronts, with one mistake poised to trigger a cascade of devastating legal consequences.
The state will now see you not just as someone accused of a crime, but as a flight risk who cannot be trusted to follow a court’s orders. This new charge—which can be a misdemeanor or even a serious felony—is filed on top of your original case. It makes getting out of custody harder, makes negotiating a fair resolution more difficult, and threatens you with additional jail time and fines. The moment you missed court, a clock started ticking. But in Minnesota, the law provides a very small window of opportunity to fix this. You must act immediately. I am a Minnesota criminal defense attorney who has helped clients across the state—from Minneapolis and St. Paul to Duluth and Rochester—navigate the urgent and complex process of resolving a Failure to Appear charge. You do not have to face this compounding crisis alone.
The Two Crimes You Now Face: What “Failure to Appear” Really Means in Minnesota
It is critical to understand that a Failure to Appear (FTA) charge is not a penalty tacked onto your original case; it is a brand-new crime. If you were originally charged with Theft, you are now facing charges for both Theft and Failure to Appear. In Minnesota, the law defines this offense as intentionally failing to appear for a required court appearance after you have been released from custody and properly notified that failing to do so is a separate criminal offense. It is a crime of intent, meant to punish those who willfully defy the court’s authority.
However, prosecutors often file these charges without knowing the real reason you missed court. They don’t know about your car trouble, your medical emergency, or your honest scheduling mistake. They simply see a name on a docket sheet and an empty chair in a courtroom. A Minnesota Failure to Appear charge is serious. If your original charge was a misdemeanor, your FTA is also a misdemeanor. But if your underlying charge was a felony, your FTA is also a felony, carrying the potential for a lengthy prison sentence. Facing an FTA accusation requires an immediate and strategic response to prevent one mistake from destroying your chances at a favorable outcome in both cases.
The Law on Failure to Appear — Straight from the Statute
To understand the legal battle you are now facing, you must first understand the specific law the prosecutor is using against you. This statute outlines what constitutes the crime, the different penalty levels, and the critical defenses that may be available to you.
The controlling law is Minnesota Statutes § 609.49. The most important parts of the law state:
Subdivision 1. Felony offenders. (a) A person charged with or convicted of a felony and released from custody… who intentionally fails to appear when required after having been notified that a failure to appear for a court appearance is a criminal offense… is guilty of a crime for failure to appear…
(b) A felony charge under this subdivision may be filed upon the person’s nonappearance. However, the charge must be dismissed if the person who fails to appear voluntarily surrenders within 48 hours after the time required for appearance…
Subd. 2. Gross misdemeanor and misdemeanor offenders. A person charged with a gross misdemeanor or misdemeanor who intentionally fails to appear in court for trial on the charge after having been notified that a failure to appear… is a criminal offense… is guilty of a misdemeanor.
Subd. 3. Affirmative defense. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of subdivision 1, 1a, or 2 that the person’s failure to appear in court as required was due to circumstances beyond the person’s control.
Breaking Down the Legal Elements of a Failure to Appear Charge
For the state to convict you of Failure to Appear, a prosecutor is required to prove every single one of the following legal elements beyond a reasonable doubt. My job as your defense attorney is to find the weak link in their case. If the state’s evidence on even one of these points is insufficient, their entire case against you must fail.
- Released from Custody for an Underlying OffenseThis law applies to individuals who were charged with a crime (felony, gross misdemeanor, or misdemeanor) and then released from custody. This release could have been on your own recognizance (a simple promise to appear), on bail, or with other conditions. You must have been “out” and under a legal obligation to return to court.
- Notification of Required AppearanceThe state must prove that you were properly notified of the specific date, time, and location of the court appearance you missed. This notice must be clear and unambiguous. If the summons was sent to an old address or you were never properly served, you cannot be guilty of intentionally missing court.
- Warning that Failure to Appear is a CrimeThis is a critical and often overlooked element. The statute requires that you were warned—either verbally by a judge in court or in writing on your release papers—that failing to appear is a separate criminal offense. If you were never given this specific warning, the charge is legally defective and can be dismissed.
- Intentional Failure to AppearThis is the mental state element and the heart of most FTA defenses. The prosecutor must prove that your failure to appear was a knowing and willful act. It cannot be the result of a simple accident, a mistake, or a misunderstanding. They must provide evidence that you consciously chose to defy the court’s order.
The Steep Penalties for a Minnesota Failure to Appear Conviction
The potential sentence for an FTA conviction is directly tied to the severity of the underlying crime you were facing when you missed court. This creates a tiered system of punishment that can range from a misdemeanor to a serious felony.
Felony Failure to Appear
If you failed to appear on a felony charge, the FTA is also a felony. The penalty is complex but severe: you can be sentenced to not more than one-half of the maximum term for the underlying felony. For example, if your original felony charge carried a 10-year maximum prison sentence, the FTA conviction could add up to 5 more years. Crucially, the law states the sentence can be no less than one year and one day in prison, ensuring a felony-level consequence.
Misdemeanor Failure to Appear
If you were charged with a gross misdemeanor or misdemeanor and failed to appear for your trial, the FTA charge is a misdemeanor. This new conviction carries a maximum penalty of up to 90 days in jail and a fine of up to $1,000. While less severe than a felony, it is still a new criminal conviction on your record.
Juvenile Failure to Appear
The law has a separate provision for juveniles prosecuted for a felony-level offense who fail to appear for their disposition (sentencing) hearing. This is a felony offense punishable by up to five years in prison and a fine of up to $10,000.
Reimbursement for Costs
On top of any jail time or fines, the judge can also order you to pay back the government for the costs it incurred because you failed to appear. This can include the costs of issuing the warrant and the time spent by law enforcement looking for you.
How Failure to Appear Happens in Real Life — Common Scenarios
These charges rarely stem from a master plan to flee the country. They almost always arise from the chaos, confusion, and fear of being caught in the criminal justice system. Your own situation may sound very similar to these common scenarios from across Minnesota.
The Minneapolis Date Mix-Up
You have a court date at the Hennepin County Government Center in downtown Minneapolis. You are stressed and juggling work and family, and you honestly write the date down wrong in your calendar—you think it’s Wednesday when it was actually Tuesday. You miss court, and a warrant is immediately issued. You had no intention of missing court, but the prosecutor only sees your absence.
The St. Paul Car Trouble
You live in a suburb and are driving to the Ramsey County Courthouse in St. Paul for a pretrial hearing. Your car, which has been unreliable for months, breaks down on I-94. You don’t have your public defender’s direct phone number, and by the time you can get a tow and figure out who to call, your court time has long since passed, and you’ve been charged with Failure to Appear.
The Duluth Fear Factor
You are facing a serious charge in St. Louis County court in Duluth, and you are terrified of going to jail. The night before your court date, your fear gets the better of you. You don’t go, hoping the problem will somehow resolve itself. It doesn’t. Now, you have a felony FTA charge on top of your original case, and the prosecutor is far less willing to negotiate.
The Rochester Family Emergency
Your young child wakes up with a high fever and needs to be rushed to the emergency room at the Mayo Clinic in Rochester. This is the same morning as your court appearance in Olmsted County. You are focused on your child’s health and completely forget about court. While you had a legitimate reason, you now have to prove it to a skeptical judge to beat the FTA charge.
Defenses That Can Beat Your Minnesota Failure to Appear Charge
Just because you missed court does not mean you are automatically guilty of a new crime. The state has the burden of proving you acted intentionally, and the law itself provides powerful defenses for those who act quickly and for those who had a legitimate reason for their absence. An FTA charge is highly defensible, but you must take immediate action.
Your defense starts with a thorough investigation into the facts. What was the reason you missed court? Can we document it? When were you notified of the court date, and how? Were you properly warned that missing it was a crime? The answers to these questions form the foundation of a strategy designed to get your Failure to Appear charge dismissed and get your original case back on track.
The 48-Hour “Safe Harbor” Rule (Felony Cases)
This is the most important and time-sensitive defense in all of Minnesota FTA law. The statute provides a golden opportunity for those facing a felony Failure to Appear charge.
- Voluntary Surrender: If you voluntarily turn yourself in to the authorities within 48 hours of your missed court appearance, the law mandates that the felony FTA charge must be dismissed. This is not a suggestion; it is a requirement. This 48-hour clock is unforgiving, which is why contacting an attorney immediately is so critical.
- Apprehension vs. Surrender: This defense only applies if you turn yourself in. If you are apprehended by the police during a traffic stop or at your home before you surrender, this protection is lost.
Affirmative Defense: “Circumstances Beyond Your Control”
The law recognizes that life happens and that sometimes, missing court is truly unavoidable. This is an “affirmative defense,” which means we have the burden of proving it is more likely than not that your absence was justified.
- Documented Medical Emergency: We can present hospital admission records, ER discharge papers, or a doctor’s note to prove that you or a close family member had a serious medical issue that prevented you from attending court.
- Verifiable Accident: A police report from a car accident or a tow truck receipt can serve as powerful evidence that you were physically unable to get to the courthouse.
- Incarceration: If you were in jail in another county or state at the time of your Minnesota court date, you obviously could not appear. Jail records provide a complete defense.
Lack of Intentional Failure
The core of the crime is intent. We can fight the charge by presenting evidence that your failure to appear was an honest mistake, not a willful act of defiance.
- Honest Scheduling Mistake: While “I forgot” is a weak excuse on its own, we can sometimes use calendars, work schedules, or witness testimony to show you had a genuine and non-criminal reason for your confusion about the date or time.
- Never Received Notice: The court must prove you were properly notified. If the summons was mailed to an old address after you had updated your address with the court, or if service was otherwise defective, we can argue you never received notice and therefore could not have intentionally failed to appear.
Failure to Provide Criminal Warning
This is a powerful technical defense. We will obtain the transcript from your release hearing and examine the release paperwork you signed.
- No Warning, No Crime: If the judge failed to verbally warn you on the record that failing to appear is a separate crime, or if that warning is not present in the conditions of release you signed, then the state cannot prove an essential element of the offense, and the case should be dismissed.
Minnesota Failure to Appear FAQs
Is there a warrant out for my arrest?
Almost certainly, yes. The standard procedure when a defendant fails to appear in court is for the judge to issue a bench warrant for their immediate arrest.
What is the 48-hour rule for FTA?
For felony-level Failure to Appear charges, if you voluntarily turn yourself in to law enforcement within 48 hours of the missed court time, the FTA charge must be dismissed by law. This is a critical deadline.
Can I just call the court clerk and reschedule?
No. Once you have missed your appearance, it has become a criminal matter. A warrant has been issued. While calling the court is a good idea, it will not resolve the warrant or the new criminal charge. You must formally address the issue in front of a judge.
Will an FTA charge affect my original case?
Yes, absolutely. It harms your credibility with the judge and prosecutor. It may cause the prosecutor to revoke any previous plea offers, and it will almost certainly make it harder for your attorney to negotiate a favorable resolution in your original case.
I just forgot my court date. Am I automatically guilty?
Not necessarily. The state must prove you intentionally failed to appear. While “I forgot” can be a difficult defense, a skilled attorney can frame it in the context of a mistake rather than willful defiance, especially if you have a good track record of appearing at previous hearings.
What does “circumstances beyond my control” really mean?
It means a situation that made it genuinely impossible for you to get to court. The most common examples are a documented medical emergency (for you or a child), a verifiable car accident, or being incarcerated in a different jurisdiction at the time of your court date.
Do I need a lawyer for a Failure to Appear charge in Minneapolis?
Yes. An FTA charge is a new criminal case that carries jail time and a permanent conviction. Especially with the 48-hour rule for felonies, you need an attorney to immediately coordinate your surrender and begin building a defense to avoid making your situation much worse.
How do I clear an FTA warrant?
You cannot clear it over the phone. The only way to resolve the warrant is to appear in court. An attorney can arrange for a “walk-in” on the warrant, allowing you to appear before the judge in a controlled manner rather than being arrested at an unexpected time.
Can I get bail after an FTA?
It will be much more difficult. When you fail to appear, you have shown the court that you are a potential flight risk. A judge will be far more likely to set high bail or hold you in custody without bail after an FTA.
What if I was never warned that missing court was a crime?
This is a complete defense. If we can prove—by reviewing court transcripts and release documents—that you were never given the required warning, the Failure to Appear charge can be dismissed.
Does the 48-hour rule apply to misdemeanor FTAs?
No. The statutory 48-hour “safe harbor” rule for a mandatory dismissal only applies to felony-level Failure to Appear charges. However, voluntarily surrendering quickly on a misdemeanor FTA is still the best course of action and will look much better to the judge.
Can the police arrest me for an FTA warrant at work or home?
Yes. An arrest warrant gives law enforcement the authority to find and arrest you anywhere, at any time. This is why it is so important to address the warrant proactively.
Will my driver’s license be suspended?
In many cases, yes. The court often notifies the Department of Public Safety of a failure to appear, which can trigger a suspension of your driving privileges until the court case is resolved.
What happens if I’m arrested in another state on a Minnesota warrant?
You will be held in jail in that state while Minnesota decides whether to extradite you (bring you back to Minnesota to face the charges). Extradition can be a long and stressful process.
Can an FTA charge be negotiated?
Yes. Often, the best strategy is a “global resolution” where your attorney negotiates a settlement that resolves both the original charge and the FTA charge at the same time, frequently with the goal of getting the FTA dismissed.
The Compounding Damage of a Failure to Appear Conviction
A conviction for Failure to Appear does far more than just add a new line to your criminal record. It creates a domino effect that can knock down your chances of successfully navigating the justice system and moving on with your life.
A Second Conviction on Your Record
For background check purposes, two convictions are exponentially worse than one. It creates a pattern. It makes you look like someone who not only got into trouble once, but who also defies court orders. This can be a deal-breaker for potential employers, landlords, and anyone else conducting a background check.
Loss of Judicial Trust and Future Release
Judges have long memories. If you are convicted of FTA, every judge you appear before in the future will see you as a flight risk. This makes it much harder to be released on your own recognizance or to get affordable bail if you are ever arrested again. You are more likely to be forced to wait in jail while your case proceeds, which puts immense pressure on you to accept a bad plea deal.
A Negative Impact on Your Underlying Case
While legally separate, an FTA charge poisons the well for your original case. Prosecutors are less likely to offer favorable plea bargains to someone they believe has “thumbed their nose” at the system. A judge may be less inclined toward leniency at sentencing. It signals that you are not taking the process seriously, which can have a real and negative impact on the outcome.
A Cascade of Warrants and Fees
An FTA conviction often comes with a host of other problems. You may have fees associated with the warrant, the cost of which you can be ordered to repay. If you are on probation for another matter, the new FTA conviction will automatically violate that probation, leading to yet another court case and the potential for more jail time.
Why You Need an Aggressive Minnesota Failure to Appear Attorney
When you have a warrant for your arrest and a new criminal charge hanging over your head, time is your enemy. You need a lawyer who can take immediate, decisive action to protect you and mitigate the damage.
Taking Immediate Action to Resolve Your Warrant
My first priority will be to address your active arrest warrant. I can coordinate a “walk-in” surrender, allowing you to appear in court on your own terms rather than waiting to be arrested at home or during a traffic stop. For felony cases, this is absolutely critical to take advantage of the 48-hour rule that can get the charge thrown out completely.
Building a Defense Based on a Lack of Intent
I will not let the prosecutor define you by your absence. I will conduct a thorough investigation into why you missed court. We will gather medical records, car repair bills, witness statements, and any other evidence that proves your failure to appear was not a willful act of defiance, but the result of a mistake or a situation beyond your control.
Challenging the State’s Evidence of Notification
A cornerstone of my defense strategy is to hold the state to its burden. I will obtain every court document and hearing transcript to determine if you were properly notified of your court date and, just as importantly, if you were explicitly warned that failing to appear was a separate crime. If the state failed to meet this technical requirement, I will file a motion to have the case dismissed.
Negotiating a Global Resolution
In many cases, the best path forward is to resolve both the original charge and the new FTA charge together. I have extensive experience negotiating with prosecutors across Minnesota to achieve a “global resolution.” Often, we can convince the prosecutor to dismiss the Failure to Appear charge in exchange for a plea on the underlying offense, preventing the disastrous consequences of having a second conviction on your record. Your single mistake should not derail your entire future.