Did you know that from 2010 to 2025, the Wake County District Attorney’s Office pursued Felony Failure to Appear (FTA) charges in about 25 cases? Even more concerning, from 2017 to 2025, only Black men were charged with Felony FTA—including one of Emancipate NC’s clients. In many cases, these charges were not filed until more than a year after a person allegedly missed court.
Failure to Appear is a charge under North Carolina law (15A-543). A person can be charged with either a misdemeanor or felony FTA, depending on the underlying case. To be convicted, the failure to appear must be shown to be willful, and the person must have received notice of their court date.
When someone misses a scheduled court date, several things may happen:
- Their name is called in court and goes unanswered
- The case is marked as “Called and Failed” (C/F)
- A Failure to Appear (FTA) may be added
- An Order for Arrest (OFA) may be issued
- Any existing bond may be forfeited
A missed court date may initially be marked as C/F, giving the person time—typically around 20 days—to contact the Clerk of Court or appear in person to resolve the issue. If not addressed, the C/F can become an FTA.
An FTA can trigger additional consequences. The Division of Motor Vehicles (DMV) may notify the individual that their license will be suspended if the issue is not resolved. Each FTA can also add a $200 fee, on top of any court costs. If left unresolved, a person’s license can be suspended indefinitely, and they may face additional charges for driving while their license is suspended.
In some cases, a person may have both an FTA and an OFA issued for their arrest. It is important to contact a North Carolina–licensed attorney to discuss filing a Motion to Strike or Recall the OFA. Depending on the circumstances, a judge may remove the C/F, FTA, and OFA without requiring an arrest.
If a person was released on bond and misses a court date, the bond may be forfeited. Under North Carolina law (15A-544.5), there are several ways to ask a court to set aside a bond forfeiture, but these motions must be filed before the final judgment date listed on the notice.
At Emancipate NC, we work to educate the community about navigating the criminal legal system and provide legal support to protect people’s rights.
Whether or not you have an attorney, it is critical to stay informed about your court dates and take action if you miss one. If you do have legal representation, stay in communication and work with your attorney to address your case.