When you’re charged with a crime in Wyoming or South Dakota—whether it’s a misdemeanor, DUI, traffic offense, or a serious felony—the court issues a summons or notice that requires you to appear at a specific date and time. Missing that court date has immediate and serious consequences in both states, including arrest warrants, bond forfeiture, and new criminal charges.
Both states treat a failure to appear (FTA) as its own offense under:
- Wyoming Stat. § 6-5-204
- South Dakota Codified Laws § 23A-43-31 and related statutes
Here’s what you need to know.
If You Fail to Appear, the Judge Will Issue a Bench Warrant
In both Wyoming and South Dakota, a missed court date almost always results in the judge issuing a bench warrant.
For Minor Offenses (traffic tickets, misdemeanors)
- The warrant will still be active in statewide and national law enforcement databases.
- Police may not come to your home looking for you.
- But any future police stop—even for a broken taillight—will lead to an immediate arrest because the officer will see the outstanding warrant.
For Serious Charges
For felony cases or more serious misdemeanors (assault, drug charges, domestic violence, sex crimes), active warrant enforcement is much more likely.
- Wyoming and South Dakota law enforcement frequently conduct warrant pickups for serious cases.
- Officers may come to your home or workplace.
- Prosecutors may oppose bond or request a higher bond once you’re brought back before the court.
Missing court in a serious case almost always makes the situation dramatically worse.
You Will Forfeit Your Bond
If you were released on bond and fail to appear:
- Your bond is forfeited under both Wyoming and South Dakota law.
- You will be re-arrested and will likely need to post a higher bond, sometimes significantly higher.
- A prosecutor can ask the judge to revoke bond entirely, meaning you might stay in jail until the case is resolved.
Bond forfeiture is automatic in most courts unless your attorney acts quickly to get the warrant recalled.
You May Face a New Criminal Charge
Failure to appear is its own criminal offense.
Wyoming
Failure to appear can be charged as a misdemeanor or felony depending on the underlying case.
South Dakota
FTA may be charged separately, and penalties depend on whether the original charge was a misdemeanor or felony.
A new charge means additional fines, potential jail time, and a more complicated criminal record.
What To Do If You Missed Your Court Date in Wyoming or South Dakota
Missing court happens more often than people think—especially with mailed notices, work conflicts, or simple mistakes. If you miss your court date:
1. Contact Your Attorney Immediately
Your lawyer may be able to:
- Request a warrant recall
- Explain the mistake to the judge
- Avoid additional charges
- Prevent harsher conditions or higher bond
The faster your attorney acts, the better your chances.
2. Do NOT Wait to Be Arrested
If you wait until you’re picked up during a traffic stop or at home, judges in both states tend to be far less flexible.
Can You Reschedule Your Court Date?
Yes—but only if you contact the court in advance.
In Wyoming and South Dakota, judges understand that emergencies and conflicts happen, such as:
- Work schedule issues
- Lack of childcare
- Medical appointments
- Transportation problems
- Severe weather (common in both states)
Courts are often willing to reschedule, but:
- It must be done before the court date.
- Your attorney typically needs to make the request.
Failing to show up without notice almost always results in a warrant.
Just Criminal Law Protects Your One Shot at Justice
Regardless of the seriousness of the criminal charges against you, failure to appear for court is something to be avoided.
If you or someone you care about is facing criminal charges in Wyoming, the team of criminal defense professionals at Just Criminal Law are here to help.
Contact Christina L. Williams and her team at Just Criminal Law by calling (307) 300-2240, emailing inquiry@justcriminallaw.com, or complete our online form.