What Happens If I Miss a Theft Court Date in Volusia County?

Missing a theft court date can happen for real-life reasons that don’t make you a “bad person” or a “criminal.” Maybe you never received the notice. Maybe you got the date wrong, couldn’t get off work, had a childcare emergency, or you froze from anxiety and didn’t know what to do next. We’ve talked to plenty of people in Volusia County who missed court because their lives were already spiraling, and the idea of walking into a courtroom felt like stepping into the unknown.

But the court system doesn’t always leave room for nuance. If you miss a court date for theft in Volusia County, the judge may treat it as a failure to appear (often called an “FTA”), and that can quickly lead to a bench warrant, meaning law enforcement now has authorization to arrest you and bring you back to court. Suddenly, a theft case that might have been manageable can feel like it’s turning into something much bigger.

The good news is that in many situations, missed court is fixable, but the window to fix it often gets smaller the longer you wait. The smartest move is to act quickly and strategically, with a plan that addresses the missed appearance and protects your underlying theft case.

As former state prosecutors, our Daytona Beach criminal defense lawyers at Hager & Schwartz, P.A. approach these situations from a unique advantage—one that helps us anticipate how the State and the court are likely to respond, and take steps to minimize the damage. 

If you missed a theft court date, contact our team for a free, confidential consultation to help you understand what’s happening and what to do next.

What Usually Happens After a Missed Theft Court Date?

If you just realized you missed a theft court date, it’s normal to spiral into worst-case scenarios, especially when you don’t know whether the court already took action. 

Here’s what usually happens next, and why getting ahead of it matters:

• A judge may issue a bench warrant (often called a “capias”) after a failure to appear for a Daytona theft charge. In some situations, such as when someone doesn’t respond to a court summons, Florida law authorizes the court to issue a warrant when the person fails to appear as commanded.
• Your bond can be revoked, and money/bail can be forfeited. Florida’s bond forfeiture statute allows the court to declare the bond (and any money deposited as bail) forfeited if the defendant fails to appear as required.
• You might face an additional charge depending on how you were released and whether the miss is considered “willful.” If you were released under Florida’s bond laws (Chapter 903) and the State claims you willfully failed to appear, Florida law allows a separate failure-to-appear charge (graded differently depending on whether the underlying case is a felony or misdemeanor).
• A lawyer can often file motions to address the missed date and try to recall a warrant. The goal is to get you back on the court’s calendar the right way, minimize the fallout, and keep the theft case from becoming more complicated than it needs to be.

What Counts as “Missing Court” in a Volusia Theft Case?

In a Volusia County theft case, “missing court” doesn’t just mean skipping a trial date. It can apply to any hearing or required appearance the judge sets, especially in the early stages of a case when the court is tracking whether you’re showing up and taking the process seriously.

Common court events people miss include:

• Arraignment (your first formal court date, where you enter a plea)
• Pretrial conference/case management (status updates, scheduling, and negotiation checkpoints)
• Motion hearings (when the judge hears arguments on legal issues, like evidence, suppression, or discovery disputes)
• Docket sounding/calendar call (a quick “check-in” where the court confirms you’re present and the case is moving forward)
• Trial dates
• Violation hearings (for example, if you’re accused of violating release conditions or probation)

And it’s not always as black-and-white as “you didn’t show up.” 

Sometimes the problem is timing or confusion, such as:

• You were late by a few minutes, and the judge called your case before you arrived
• You missed the appearance entirely because you mixed up dates or times
• You went to the wrong courthouse
• You never received notice due to an address change, mail issue, or communication breakdown

Local logistics matter too. Depending on the case assignment and division, theft cases in Volusia may be set at different facilities—often in Daytona Beach or DeLand—so “I went to the courthouse” isn’t always enough if you went to the wrong location.

If you’re not sure what counts as a miss in your situation, the safest move is to verify the exact date, time, and courthouse listed on your notice (or have your lawyer confirm it). That small step can prevent a simple scheduling mistake from snowballing into a warrant problem.

Failure to Appear (FTA) Explained

A failure to appear (FTA) is the court’s way of saying you didn’t show up when you were ordered to be there. Even if you missed court due to stress, confusion, or a genuine life issue, the system often treats the missed date as a serious compliance issue that requires an immediate response.

In Florida theft cases, FTAs usually fall into one of two buckets:

• You were released on bond/bail and didn’t appear: If you were released under Florida’s bail laws (Chapter 903) and the State claims the miss was willful, Florida law allows consequences that can include forfeiture of security posted for release and—even in some cases—an additional criminal charge for failing to appear.
• You were served with a summons and didn’t appear: If you were “summonsed” into court (instead of being arrested and bonded out) and you don’t show up without good cause, Florida law describes that as indirect criminal contempt and states that the judge shall issue a warrant when you fail to appear as commanded.

A lot turns on one word you’ll hear again and again: “willful.” Willful isn’t “I made an honest mistake.” It’s closer to, “I knew I had court and chose not to go.” That distinction matters because the stronger your explanation and supporting proof (hospital record, work emergency documentation, notice problems, etc.), the more options your defense may have to push back against the idea that you intentionally skipped court.

And here’s the bigger picture: an FTA can complicate the underlying theft case. Theft in Florida is prosecuted under § 812.014. Once an FTA enters the mix, it can give the State more leverage in negotiations and can make judges less flexible about bond, conditions, and scheduling.

As former state prosecutors, our Daytona Beach criminal defense lawyers understand how the court and the State tend to interpret missed appearances, and how to respond in a way that protects you. If you missed court, the goal is to address the FTA quickly and strategically before it snowballs into a warrant, arrest, or avoidable damage to your theft defense.

Bench Warrant/Capias: Will a Warrant Be Issued Immediately?

A bench warrant (often called a capias in Florida) is a court order authorizing law enforcement to arrest you for failing to appear for a required court date. Courts don’t issue warrants to “punish” people for making a mistake. They issue them to get you back in front of the judge so the case can move forward.

So, will a warrant be issued immediately? Sometimes, yes, especially if the judge calls your case and you’re not there when required. In certain situations, Florida law is straightforward: if you were ordered to appear based on a summons and you don’t show up without good cause, the judge shall issue a warrant. But timing can still vary depending on the courtroom, the type of theft case, and what the judge decides to do that day, so it’s risky to assume you have “a little time” before anything happens.

In real life, an active warrant can show up in ways people don’t expect, like:

• A traffic stop that suddenly turns into an arrest
• Contact at home or work if law enforcement attempts to serve the warrant
• Being booked into jail and having to wait to see a judge for your next steps

And once a warrant exists, an officer can arrest you under that warrant even if they don’t physically have it in hand at the moment. Florida law explains the basic procedure for an arrest by warrant and what the officer must communicate to you. 

The goal isn’t to panic. It’s to act quickly and smart. When we get involved early, we can often reduce the risk of a surprise arrest by addressing the missed date head-on and working to get you back on the court calendar the right way.

Bond and Release Consequences After a Missed Court Date

When you miss a court date for theft in Volusia County, the first consequences you feel usually aren’t abstract legal concepts. They’re practical, immediate, and stressful. People start worrying about whether they can be arrested, whether they’re about to lose the money they scraped together for release, and whether the court will treat them like they tried to run.

Here are the most common bond and release impacts we see after a missed court appearance:

• Bond forfeiture (you may lose the bail money): Under Florida law, if a defendant fails to appear as required, the court can declare the bond and any money deposited as bail forfeited, and the clerk then sends notice to the surety/bond agent.
  Why it matters: If your family posted cash, that money can be at risk. If you used a bail bondsman, a missed court date in a Florida criminal case can trigger financial fallout tied to the surety bond—often involving co-signers, collateral, and family members who were trying to help you get home.
• Bond revocation or tougher release conditions: Even if you don’t immediately “lose” the bond, a missed court date can make a judge far less willing to keep you on the same release terms. Courts consider prior failures to appear when deciding whether to release someone again and what conditions to impose.
  What that can look like: higher bond amounts, stricter reporting requirements, more restrictive conditions, or the judge requiring more assurance you’ll come back to court.
• Possible “no bond” hold until you see a judge (in some cases): Not every missed date results in immediate jail time, but if a warrant is issued and you’re arrested, you may not be released right away. Florida law also limits options for non-monetary release after certain failures to appear, meaning you may not qualify for a recognizance (“ROR”) bond, and the court may require a monetary bond that meets minimum thresholds depending on what happened after the missed date.

This is why speed matters. The earlier a defense lawyer steps in, the more opportunity there usually is to address the missed date proactively, reduce the bond damage, and keep your theft case from getting unnecessarily harder.

Is Missing Court a Separate Criminal Charge in Florida?

Sometimes, yes, but not always. In Florida, whether “missing court” turns into a separate criminal charge depends largely on how you were released and whether the State claims your absence was willful (meaning you knew about court and chose not to go).

The legal consequences depend on the situation:

• If you were released on bond/bail: If you were released “on bond” under Florida’s bail laws and you willfully fail to appear, Florida has a specific statute that can make that failure a new offense—a third-degree felony if the underlying case is a felony, or a first-degree misdemeanor if the underlying case is a misdemeanor.
• If you were served with a summons: If you were served with a summons (instead of being arrested and bonded out) and you fail to appear without good cause, Florida law treats that as indirect criminal contempt of court and authorizes the judge to issue a warrant when you don’t show up as commanded.

Even when the missed date doesn’t automatically become a new charge, it can still create additional exposure—warrants, bond consequences, and a tougher posture from the prosecutor or judge. In practical terms, an FTA can complicate negotiations and make it harder to resolve the underlying theft charge on favorable terms, especially if the State frames the miss as intentional.

How a Missed Theft Court Date Can Hurt Your Underlying Case

A missed court date doesn’t change what you’re accused of, but it can change how the case is handled from that point forward. In many theft cases, the best outcomes come from staying steady: showing the court you’re taking the case seriously, meeting deadlines, and keeping momentum toward a resolution. When someone misses court, it can interrupt that momentum and give the State (and the judge) a reason to tighten the screws.

Here’s how a missed appearance can hurt your underlying theft case:

• Less flexibility on diversion, offers, and release terms: Prosecutors and judges are human, and court compliance matters. A missed date can make the State more skeptical about agreeing to diversion, community-based resolutions, or favorable plea discussions. It can make a judge less inclined to keep the same bond conditions if the case comes back before them.
• An arrest warrant can put you off track: If a bench warrant is issued in Volusia County and you’re arrested, you’re suddenly dealing with booking, missed work, childcare disruption, and the possibility of sitting in jail until you can see a judge. Even a short jail stay can ripple into lost wages and major stress at home.
• Missed deadlines and avoidable costs: Many theft cases involve time-sensitive steps—court dates, paperwork, classes, evaluations, or proof of compliance. If you miss court, you can also miss the chance to get a new deadline or instruction directly from the judge. That can lead to added fees, extra court costs, and sometimes stricter requirements imposed later.
• Harder scheduling and a tougher “story” for the defense: A case is partly about facts, but it’s also about credibility. When the State frames a missed court date as “they’re not taking this seriously,” it can become harder to steer the case toward a clean, controlled resolution, even if the miss was a mistake.

All of this matters because theft charges in Florida are generally prosecuted under Florida Statute § 812.014, and the consequences can be serious depending on the circumstances and value involved. When an FTA or warrant gets layered on top, it can give the prosecution more leverage and make the path to a favorable outcome more complicated than it needs to be.

As former state prosecutors, our Daytona Beach criminal defense lawyers know how quickly a missed date can reshape the situation, and how to move fast to stabilize the case, correct the record, and protect your theft defense before the situation snowballs.

What to Do Immediately if You Missed Court in Volusia County

If you missed court in Volusia County, the most important thing is to treat it like a time-sensitive problem, not a permanent disaster. The goal is to find out what the court did (or is about to do) and take the next step in a way that protects you from a warrant arrest and keeps your theft case from getting harder than it needs to be.

Here’s what you can do:

1. Don’t ignore it, and don’t assume it “goes away.”
   Missing one court date can set in motion a chain reaction: a warrant, bond problems, and a harsher posture from the court. Even if the miss was an honest mistake, silence can make it look like you’re choosing not to come back.
2. Call a defense lawyer first (especially if you suspect a warrant).
   This is one of those moments where trying to “handle it yourself” can backfire. A lawyer can help you confirm what happened, communicate the right message to the court, and take steps to get you back in front of the judge in the safest way possible.
3. Check your case status and any new dates through the Volusia Clerk’s Case Inquiry.
   Volusia’s Clerk of Court provides a Case Inquiry option where you can look up many public case details using a name or case number. 
4. Gather proof that supports “good cause” for missing court.
   If you missed because of something legitimate, start collecting documents now before they’re lost or harder to retrieve. Examples include:

• ER/doctor visit paperwork or pharmacy receipts
• Work schedules, timeclock records, or a supervisor’s note
• Proof you didn’t receive notice (address change documentation, mail issues, screenshots of incorrect dates, etc.)
• Vehicle breakdown/tow receipt, rideshare logs, childcare emergency documentation

5. Avoid risky moves without legal advice.
   Don’t assume you should “just walk into the courthouse” or “turn yourself in” to show responsibility. If a warrant is active, you could be arrested on the spot and lose control over how (and when) you get back in front of a judge. The safer approach is usually to confirm the situation first, then take action with a plan in place.

As former state prosecutors, our Daytona Beach criminal defense lawyers understand how Volusia petit and grand theft cases can shift after a missed appearance and how to step in quickly to stabilize the situation, address the missed date, and protect your defense.

Can a Lawyer Fix a Missed Court Date? How We Usually Approach It.

In many cases, yes, a lawyer can take meaningful steps to fix the damage from a missed court date and get your case back on track. The key is moving quickly and handling it the right way, because once a warrant is active (or bond is in jeopardy), the situation can shift from “clerical mistake” to “custody risk” fast.

Here’s how we usually approach a missed theft court date in Volusia County:

• Confirm what happened and what the court entered: We start by verifying the case status, whether a bench warrant/capias was issued, and what the court expects next. That prevents you from walking into a situation blind.
• File a motion to recall/quash the warrant (when appropriate): This asks the judge to cancel the warrant and put you back on the calendar, often accompanied by an explanation of what went wrong and why you’re taking immediate action now.
• Request a new court date and a clean path forward: The goal is to get you a new appearance date as quickly as possible, so the case can proceed without the “FTA cloud” hanging over everything.
• Address bond consequences head-on: If your bond has been threatened, forfeited, or revoked, we can ask the court to reinstate bond or minimize the fallout, especially where there’s documentation showing a genuine mistake or unavoidable emergency.
• Proactively communicate to reduce the “willful” narrative: A missed date can be painted as “they skipped court.” We work to replace that storyline with the truth—supported by proof—so the State and the judge are less likely to assume you were trying to dodge the case.

As former state prosecutors, we understand how these situations are evaluated behind the scenes, and we use that insight to build a personalized strategy that protects your freedom today (warrant/bond risk) and your theft defense tomorrow (negotiations, diversion options, and trial posture). If you missed court, getting counsel involved early can make the difference between a controlled correction and a problem that snowballs.

“I Missed Court by Mistake”: Common Scenarios That May Help Explain It

A lot of people hear “failure to appear” and assume the court thinks they intentionally skipped. In reality, we regularly talk to people who missed court because of a very human mistake—the kind that can happen when a person is stressed, juggling responsibilities, or trying to navigate a system that doesn’t always communicate clearly. The key is to explain what happened in a way the court will take seriously—and back it up with documentation.

Some of the most common explanations we see in Volusia theft cases include:

• Calendar mix-ups (wrong date, wrong time, AM/PM confusion, or the court date was saved incorrectly)
• Transportation problems (car trouble, a rideshare cancellation, a bus delay, or an accident that blocked traffic)
• Childcare emergencies (a babysitter fell through, school called, a child got sick)
• Illness or medical issues (you were genuinely too sick to attend or had an unexpected appointment/urgent care visit)
• Virtual vs. in-person confusion (you thought it was remote, the link didn’t work, or you didn’t realize it was required in person)
• Wrong courthouse/location (you went to the wrong building or the wrong city—Daytona Beach vs. DeLand—because you didn’t realize your case was set somewhere else)

Another big one is not receiving notice at all. 

This happens more often than people realize, especially when life is in motion:

• You moved, stayed with family, or were between addresses
• Mail forwarding didn’t work (or expired)
• The court or clerk had an old address on file
• A notice was delivered to the wrong place or never made it to you

That’s why updating contact information matters. If your address, phone number, or email changes during a pending case, it’s critical to make sure the court has the correct information, often best done through your attorney, so it’s appropriately handled and documented.

If your missed date was a mistake, start gathering proof right away. 

Useful documentation can include:

• Medical records (urgent care/ER paperwork, discharge notes, pharmacy receipts)
• Work documentation (schedule, time clock records, email/text exchanges with a supervisor)
• Transportation records (tow receipt, mechanic invoice, rideshare screenshots, bus/train delay notices)
• Childcare/school records (school nurse note, pickup logs, messages from a caregiver)
• Notice-related proof (lease documents, USPS change-of-address confirmation, mail forwarding info, screenshots showing you never received an email/link)

Mistakes are explainable, but courts tend to respond best when the explanation is prompt, consistent, and supported by evidence. As former prosecutors, we know what judges and the State usually consider persuasive (and what they tend to dismiss), and we can help you present the situation in a way that protects your theft case instead of making it harder.

Where Cases Are Often Set

Volusia County is part of Florida’s Seventh Judicial Circuit, and theft cases can be scheduled at different court facilities depending on the type of case, division, and where it’s assigned—commonly in Daytona Beach or DeLand. 

Your notice (and the court docket) should list the exact location and division, so don’t guess based on where you were arrested or where you live. If you’re unsure, verify your next setting through the Volusia Clerk’s Case Inquiry (or have your lawyer confirm it for you) before you make any moves.

Talk to a Daytona Beach Criminal Defense Lawyer

Missing a theft court date is serious, but it doesn’t automatically mean your situation is hopeless. In many cases, the problem is addressable when you take the proper steps early, before a missed appearance turns into a surprise arrest, bond fallout, or a tougher path in your underlying theft case.

As former prosecutors, we know how the State and the court typically interpret an FTA charge in Florida, and we use that insight to build a tailor-made strategy designed to regain control of the case and protect your future. We’re also trial-ready, which matters in theft cases because real leverage often comes from being prepared to fight in court, not just negotiate on paper. Because we’re familiar with Volusia County’s court process, we can help you move quickly and avoid the common mistakes that can make this situation worse.

If you missed court in Volusia County, contact Hager & Schwartz, P.A. for a free, confidential consultation. We’re available 24/7, and we offer payment plans, so you can get help now, not “someday,” when the consequences are harder to fix.

Frequently Asked Questions

Is Missing Court a Separate Criminal Charge in Florida?

Sometimes, yes. If you were released on bond/bail (released under Chapter 903) and the State argues you willfully failed to appear, Florida law allows a separate failure-to-appear offense—graded based on whether your underlying case is a felony or misdemeanor.

If you were ordered to appear by summons, the issue can be treated differently: failing to appear without good cause is described as indirect criminal contempt, and the judge is directed to issue a warrant when you don’t show up as commanded.

Will a Warrant Be Issued Immediately?

Often, a judge will issue a bench warrant/capias after an FTA, but the exact timing can vary by courtroom, calendar, and how the case was set. In summons situations, Florida law is explicit that when a person fails to appear as commanded (without good cause), the judge shall issue a warrant. 

Because “guessing” is where people get hurt, we recommend checking your status quickly and having counsel step in, especially before you try to walk into court or handle it informally.

Can a Lawyer Fix a Missed Court Date?

In many cases, a lawyer can take steps to limit the fallout and get you back on track. That may include filing a motion to recall/quash a warrant, requesting a new court date, and advocating to reinstate bond or reduce bond consequences where possible, especially if a forfeiture process has started.

Speed matters. The longer a missed appearance sits, the more likely it is to result in a warrant, stricter bond terms, or more complex negotiations.

What if I Missed Court by Mistake?

Mistakes happen, but it helps to correct the record fast and support your explanation with proof. “Good cause” documentation can include medical paperwork, work schedules/time records, childcare emergency messages, transportation receipts, and evidence of notice problems (like a recent address change or mail issues).

The goal is to avoid compounding the problem: don’t ignore it, don’t assume the court will “figure it out,” and don’t take risky steps without confirming whether a warrant is already active. If you’re unsure of your next date or location, you can often verify case details through the Volusia Clerk’s Case Inquiry (or have your lawyer confirm it for you).