Can You Lose Your Bond If You Miss Court for a Valid Reason?

 Posted on November 12, 2025 in Bail Bonds

A 2015 study found that a staggering 40 percent of individuals charged with low-level offenses, such as trespassing or disorderly conduct, missed their court dates. New Mexico had the highest failure-to-appear rates, with warrants for failure to appear accounting for 61 percent of all warrants issued. However, among those who were required to post bond, that number was much smaller – somewhere between 8 and 20 percent.

The study also found that most people who missed a court appearance did so unintentionally. They either simply forgot or had a legitimate issue that prevented them from appearing. A 2023 annual report from the Bail Project found that among those who posted bond and had a pretrial support system in place, the court appearance rate was approximately 92 percent.

If you miss a court date after posting bond in Texas, it can feel like the end of the world since a single missed court appearance can trigger a warrant and cause your bail to be forfeited. But not every missed court appearance is treated equally under Texas law. Illness, hospitalization, family emergencies, and even an ICE detention can sometimes count as "legitimate" reasons to miss court.

However, this is only true when the cause of a missed court date is comprehensively documented and presented correctly. Knowing what steps to take immediately after a missed court appearance can mean the difference between remaining free until trial and losing your bond and your freedom. When you choose a Denton County, TX bail bondsman from Doc's Bail Bonds – one of the largest and oldest companies in North Texas – we will help ensure your success.  

Why Is Missing a Court Appearance in Texas After Posting Bond So Serious?

Failure to appear at a court appearance violates the conditions of the bond and can result in the court immediately issuing a bench warrant, also known as a capias warrant. When a bail bond company issues a bail bond, the company becomes responsible for the entire bond amount if the defendant fails to appear in court. The prosecutor can then initiate bond forfeiture proceedings under Texas Code Criminal Procedure Article 22.02-22.13.   

Not Every Missed Court Date in Texas Results in a Forfeiture

While Texas law can be stringent on court appearances and bond forfeiture, it does allow a bond forfeiture to be set aside if the absence was due to a valid, uncontrollable reason. Common reasons that the court will consider legitimate include:

• A medical emergency or hospitalization
• State or federal incarceration in another jurisdiction
• An ICE hold (immigration detention)
• Severe weather or natural disasters
• A death in the family

The key in these situations is documentation and proof. If there is no evidence, even a "legitimate" reason will not matter to the court.

What to Do About a Missed Court Appearance for a Legitimate Reason

Those who have missed a court hearing should contact their bail bond agent immediately. The agent can potentially notify the court and request a "set aside," or a new hearing date. The reason for the missed court appearance should be documented with proof of flight cancellations, ICE detention, police records, hospital admission papers, or other medical records indicating an emergency.  

If the failure to appear was not willful, a motion for a new bond or a motion to set aside forfeiture keeps a failure-to-appear warrant from being issued. The defendant should appear in person as soon as possible to demonstrate good faith, and should ideally have his or her attorney and bondsman explain the situation directly to the judge. If a forfeiture judgment has already been entered, a motion for remission or reinstatement can be filed when the defendant later appears.

Contact a Dallas, TX Bail Bondsman

When you choose Doc's Bail Bonds, you have chosen a highly respected bail bond company. Our Denton County, TX bail bondsman will help ensure you do not miss a court date – and if you have a legitimate reason for missing court, can assist you in explaining your situation. Courts are often willing to work with you if you have a legitimate, documented reason for missing a hearing. As a former professional baseball team manager, Doc has built a strong team for his bail bond business. Call 214-747-4110 to speak to an experienced Texas bail bondsman.