Beyond the Bench: Why Over 16% of Clients Charged with Felonies Miss Their Day in Court
Author: Ishani Manral
Every year, millions of Americans miss their set day in court, not out of fear, or because they are trying to escape the justice system, but because life gets in the way. According to the National Center for State Courts [1], in the United States, over 16% of people accused of felonies fail to appear in court on their scheduled dates, while nearly 52% of misdemeanor cases involve nonappearances.
This occurrence, called a“failure to appear” or a FTA, is viewed as the accused trying to escape their crime. However, research shows us that the reality of this situation is far more complex than one can imagine. Not only are systemic barriers a powerful obstacle in preventing appearances to court, but they can also deepen existing inequalities by penalizing those with fewer access to resources that allow them to appear to court on time. The Prison Policy Initiative in 2023 [3] further explains how those charged with FTAs often face harsh punishments such as arrest warrants, additional charges, jail and prison sentences, fines and fees, and more,” making it a harsh reality for many who are charged.
Many people miss their court dates not because they are in fear of justice, but because the everyday obstacles of their life come in the way. According to the Urban Institute Justice Policy Center in 2021 [5], simple things like lack of gas money, or not having access to reliable public transit can stand between a person and the courthouse. Many who are charged consider that the cost of appearing to court might outweigh the cost of a FTA due to personal obligations such as work with the possibility of getting fired, or having to find child care. Moreover, FTA punishments are made without putting vulnerable populations into mind, as groups experiencing tragedies such as homelessness, mental illness, or substance abuse may find it difficult to appear to court on time.
Another major obstacle that results in FTAs for many who are accused is a simple lack of understanding or awareness about when or where they must appear. Most courts rely on mailed paper notices that can be easy to misplace or lose, especially for those who have a lack of stable housing. Confusing paperwork and intimidating court processes often leave people unclear on the consequences of missing court and being charged with FTA. The Pew Charitable Trusts in 2025 [2] elaborates how most states don’t fully utilize the potential that simple reminder systems like emails or text messages have to remind people to show up to court.
Although simple, these court reminder systems might be the key to increasing court appearances. A New York City study emphasized by Vera Institute in 2024 [6], shows us how text message reminders sent before the court date reduced failure to appears by up to 21%. Additionally, interventions and support provided by courts and attorneys can have a powerful impact on court appearances. The Bail Project’s 2023 Annual Report [4] corroborates this, reporting that with their assistance and pretrial support services, they achieved nearly a 92% court appearance rate.
At its core, the issue of missed court appearances is not one of evasion, but rather one where systemic and personal barriers stand in the way. By implementing straightforward and simple measures like court reminder systems, and increasing pretrial support for those who need it, the justice system can not only improve court appearance rates, but uphold due process. Addressing the gaps between the justice system in lenses like court appearances, is essential to creating a more equitable judicial system where the complexities of people’s lives are recognized, rather than punished.
Sources:
National Center for State Courts. (n.d.). Court appearance rates. Retrieved July 10, 2025, from https://www.ncsc.org/resources-courts/court-appearance-rates
Pew Charitable Trusts. (2025, May). States underuse court date reminders. Retrieved July 10, 2025, from https://www.pew.org/en/research-and-analysis/issue-briefs/2025/05/states-underuse-court-date-reminders
Prison Policy Initiative. (2023, August 15). Why people miss court — and what can be done to fix it. Retrieved July 10, 2025, from https://www.prisonpolicy.org/blog/2023/08/15/fta
The Bail Project. (2023). Annual report 2023. Retrieved July 10, 2025, from https://bailproject.org/wp-content/uploads/2023/12/the_bail_project_annual_report_2023.pdf
Urban Institute. (2021). Removing barriers to pretrial appearance: A pilot project in Hennepin County, Minnesota. Retrieved July 10, 2025, from https://www.urban.org/sites/default/files/publication/104177/removing-barriers-to-pretrial-appearance.pdf
Vera Institute of Justice. (2024, January 24). Millions of people in the U.S. miss their court date — with dire consequences. Retrieved July 10, 2025, fromhttps://www.vera.org/news/millions-of-people-in-the-u-s-miss-their-court-date-with-dire-consequences
