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Failure to Appear & Warrants

Missing court turns one case into three problems: a warrant that follows you into every traffic stop and airport, a new criminal charge — because failure to appear is its own crime in Florida — and a forfeited bond that angers the one party who was on your side financially. The instinct most people have is to wait, hide, and hope. That is precisely backwards: FTA problems get worse by the week — and they are usually fixable by a lawyer who moves fast.

If you or someone you love missed a court date in Osceola or Orange County, call or text 407-846-8008 today — before the weekend sweep or the next traffic stop decides the timing for you.

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The Charge: § 843.15

A person released on bail or recognizance who willfully fails to appear as required commits:

• A third-degree felony (up to 5 years) if the underlying case was a felony — or if the FTA came while awaiting sentencing in any case;

• A first-degree misdemeanor if the underlying case was a misdemeanor.

That word willfully is the entire defense. Hospitalizations, car accidents, incarceration elsewhere, hurricane closures, a notice sent to an old address, a lawyer's calendaring error, a defendant who genuinely never got the date — none of that is willful flight, and courts see the difference when it's documented and presented rather than mumbled at a first appearance.

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The Bond Consequences

When you miss court, the judge declares the bond forfeited, the clerk notifies the surety, and your bondsman has a statutory window to pay or produce you — which means his recovery agents now have a financial deadline with your name on it. Prompt action matters here too: Florida law gives courts authority to set aside or discharge forfeitures, including when the defendant appears quickly or the absence was beyond their control. Repairing the bond relationship is often what makes re-release possible.

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How We Fix It

1. Move to withdraw the warrant (capias) before any arrest. A motion explaining the absence, filed with documentation and a request for a new court date — often granted without you spending a night in jail, especially on misdemeanors and first misses.

2. A structured surrender when required. Timed to the docket, with the bond argument ready and the explanation in writing — walking in with counsel reads entirely differently than being dragged in on a Friday night.

3. Defend the willfulness. Both on any new § 843.15 charge and at the bond hearing, the documented reason for the absence is the case.

4. Rehabilitate the release. New bond, supervised release, or recognizance with conditions — our job is getting you back to fighting the original case from home.

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Frequently Asked Questions

I missed court years ago and just found the warrant. Is it too late?

Old warrants never expire, but they resolve the same way — often more easily, when the file shows years of lawful living since. Handle it on your schedule, not a traffic stop's.

I live out of state now.

Many FTA warrants — especially misdemeanors — can be resolved without you returning, through counsel and sworn explanations. Felony cases take more structure; both start with a phone call.

Will the judge revoke my bond forever?

Usually not, when the absence is explained and the return is voluntary. Judges punish flight; they work with mistake-plus-responsibility.

My bondsman is calling my family. What do I tell them?

Tell them your lawyer is resolving the warrant — then make it true. Once a motion is on file, everyone's posture changes, the bondsman's included.

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The Warrant Won't Wait — Neither Should You

Call or text 407-846-8008 for a free, confidential consultation with former prosecutor Chad Seibel — and a plan to clear the warrant and get back in front of your case. Office visits are by appointment only.

407-846-8008

© 2026 Don Waggoner Law, P.A.  ·  1633 E. Vine Street, Suite 206, Kissimmee, FL 34744  ·  By appointment only

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