How Long Do You Go to Jail for Failure to Appear in Colorado?

When you’re facing criminal charges in Colorado, one of the most important things you can do is show up for court. Missing a court date—known as “Failure to Appear” or FTA—can make an already serious situation much worse.

Even if your original case was minor, failing to appear in court can lead to a warrant for your arrest, additional criminal charges, fines, and even jail time.

Understanding how failure to appear works, and how long you might go to jail for it, depends on several factors—such as the type of case, the reason you missed court, and your prior record.

Let’s take a closer look at what happens when you miss court in Colorado, and what you can do to minimize the damage.

Felony Defense Attorney In Colorado Springs – Jeremy Loew

What Is “Failure to Appear” in Colorado?

In Colorado, failure to appear simply means you didn’t show up for a scheduled court date after being ordered or notified to appear. This can happen in many types of cases—traffic tickets, misdemeanors, felonies, or even after being released on bond while awaiting trial.

When you sign a summons, bond, or release order, you are legally promising to appear at your next scheduled hearing. If you don’t, the judge can issue a bench warrant for your arrest. Once that warrant is issued, police can arrest you at any time—during a traffic stop, at your home, or even at work.

It’s important to note that failure to appear is treated as a separate offense from the original charge. That means you could face two cases: one for the original crime, and one for not showing up to court.

Is Failure to Appear a Misdemeanor or a Felony?

The severity of a failure to appear charge depends on the underlying case—in other words, what kind of charge you were originally facing.

Under Colorado Revised Statute § 18-8-212, here’s how it breaks down:

• If your original case was a misdemeanor or petty offense, failure to appear is generally a Class 3 misdemeanor.
• If your original case was a felony, failure to appear becomes a Class 6 felony.
• If you were released on bail or a personal recognizance bond and fail to appear, you may also forfeit that bond and face additional penalties.

This distinction is critical because it determines how much jail time or prison time you could face if convicted of failing to appear.

How Long Can You Go to Jail for Failure to Appear?

The possible jail or prison sentence depends on whether the failure to appear is charged as a misdemeanor or felony.

Misdemeanor Failure to Appear

A Class 3 misdemeanor in Colorado is punishable by:

• Up to 6 months in county jail, and
• A fine of $50 to $750

However, in practice, most misdemeanor FTA cases don’t result in the maximum sentence—especially if you turn yourself in promptly or have a valid explanation. Judges tend to look at the circumstances, your history, and how you handled the situation after missing court.

Felony Failure to Appear

If your original case was a felony, failure to appear is a Class 6 felony, which carries much harsher penalties:

• 12 to 18 months in state prison, and
• Fines of $1,000 to $100,000

In addition, if you were out on bond for a serious offense, you’ll likely lose that bond, and your chances of being released again before trial drop significantly.

What Happens After You Miss Court?

When you miss a scheduled appearance, the judge typically issues a bench warrant almost immediately. Once that happens:

• A warrant is active statewide – meaning you can be arrested anywhere in Colorado.
• Bond forfeiture – if you posted bail, you might lose the full amount.
• License suspension – for traffic-related cases, the DMV may suspend your driver’s license.
• Additional charges – you’ll face an additional criminal charge for failing to appear.

If you’re arrested on a bench warrant, you’ll be taken to jail and will remain there until you either:

• Post a new bond,
• Are released by a judge, or
• Are brought before the court to explain your absence.

What If You Missed Court by Accident?

Life happens. Maybe you never got the notice, had a medical emergency, or misunderstood the court date. The good news is that not every failure to appear leads to harsh penalties—especially if you act quickly.

If you missed court for a legitimate reason, your attorney can file a motion to quash the warrant, asking the judge to recall it. In many cases, if you voluntarily appear before the court and show a good reason for missing your date, the judge may choose not to impose additional penalties.

This is where having an experienced Colorado Springs criminal defense attorney like Jeremy Loew can make all the difference. Your attorney can often resolve the situation before you’re arrested, negotiate with prosecutors, and minimize the risk of jail time.

How to Handle a Failure to Appear Warrant

If you suspect there’s a warrant for your arrest in Colorado Springs or anywhere in El Paso County, don’t ignore it. Here’s what to do:

• Contact a criminal defense lawyer immediately. Your attorney can check if a warrant exists and help you appear voluntarily.
• Avoid being arrested unexpectedly. Turning yourself in with legal guidance shows responsibility and often leads to better outcomes.
• Bring documentation. If illness, travel, or emergency prevented your appearance, proof helps mitigate penalties.
• Be proactive. Courts are more lenient when defendants take action quickly rather than waiting to be caught.

Why Legal Help Matters

Failure to appear charges can escalate quickly—from a minor issue to a serious criminal problem. With jail time, fines, and potential bond forfeiture on the line, the smartest move is to get legal representation as soon as possible.

Attorney Jeremy Loew has helped hundreds of Colorado Springs residents resolve bench warrants, minimize penalties, and avoid jail for failure to appear. His team understands the El Paso County court system and works to get your case back on track with minimal disruption to your life.

Call (719) 387-4111 or contact us HERE for a free consultation.

This page is for informational purposes only and does not constitute legal advice. If you are facing DUI-D charges in Colorado, consult a licensed criminal defense attorney immediately.