Step 1: The Bail Commissioner’s Letter
If you miss a scheduled court date for a misdemeanor or family violence case, the Bail Commissioner’s Office will typically send you a letter:
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This letter instructs you to appear in court on a specific date and time to address the missed appearance.
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Why this matters: If you show up on that date, you can often resolve the issue before a rearrest order is issued.
Step 2: Rearrest Order
If you fail to appear on the date specified in the Bail Commissioner’s letter—or if you miss a date in a felony case—the judge will issue a rearrest order:
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This authorizes law enforcement to arrest you for Failure to Appear in addition to your original charges.
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Once issued, you could be arrested at home, at work, or during a routine stop.
Step 3: How an Attorney Can Help – Motion to Vacate Rearrest
Even if a rearrest order has already been issued, an experienced defense lawyer can often fix the situation:
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Filing a Motion to Vacate: Your lawyer can file a motion with the court asking the judge to cancel (vacate) the rearrest order, often avoiding a public arrest.
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Voluntary Appearance: Your attorney can arrange for you to appear in a controlled setting to show good cause and get your case back on track.
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Avoiding Additional Charges: Prompt action can sometimes prevent the state from formally charging you with Failure to Appear.
Failure to Appear Charges in Connecticut
If not resolved quickly, missing court can lead to:
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Failure to Appear in the First Degree (C.G.S. § 53a-172):
For felony cases.
Class D felony: up to 5 years in prison and fines up to $5,000. -
Failure to Appear in the Second Degree (C.G.S. § 53a-173):
For misdemeanors and infractions.
Class A misdemeanor: up to 1 year in jail and fines up to $2,000.
Common Reasons People Miss Court
Missing court doesn’t always mean you were trying to evade the law:
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Clerical errors or lack of notice
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Scheduling confusion
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Medical emergencies or family crises
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Fear or anxiety about the case
Frequently Asked Questions
1. Will I be arrested immediately if I miss my court date?
Not always. For many misdemeanors, you’ll receive a Bail Commissioner’s letter with a specific new date. Felonies may lead to immediate rearrest orders.
2. What is a rearrest order in Connecticut?
It’s a judge’s order authorizing police to arrest you again because you missed a required court appearance.
3. Can my lawyer get rid of my rearrest order?
Yes. A lawyer can file a motion to vacate the rearrest order, often avoiding a public arrest.
4. What happens if I ignore the Bail Commissioner’s letter?
The court will issue a rearrest order, and you may face Failure to Appear charges in addition to your original case.
5. Will I face new charges for missing court?
Likely, yes. Missing court typically results in Failure to Appear charges:
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FTA 1st Degree for felonies
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FTA 2nd Degree for misdemeanors
6. Can I fix this without going to jail?
Often, yes. With quick action and legal representation, you can appear voluntarily or have your rearrest order vacated.
7. Why is hiring a lawyer so important if I missed court?
Because time is critical. A lawyer knows how to contact the court, file the right motions, and protect your record before the problem escalates.
Take Action Now
Missing a court date in Connecticut doesn’t have to ruin your future—but ignoring it will.
At Allan F. Friedman, Criminal Lawyer, we have decades of experience responding to Bail Commissioner’s letters, filing motions to vacate rearrest orders, and defending clients against Failure to Appear charges.
Call (203) 357-5555 today for a free, confidential consultation. We’re available 24/7 to take immediate action and protect your rights.