CA/FTA Charge in Virginia: Penalties, Warrants, and Defenses

A CA/FTA charge in Virginia is a Capias/Failure to Appear charge: a separate criminal offense filed against you for willfully missing a court date, on top of whatever case you originally failed to appear for. If the underlying case was a misdemeanor, the failure to appear is itself a Class 1 misdemeanor punishable by up to 12 months in jail and a $2,500 fine. If the underlying case was a felony, the failure to appear becomes a Class 6 felony carrying one to five years in prison.¹ A capias (arrest warrant) issues the moment you don’t show up, and it stays active until you deal with it.

What CA/FTA Actually Means

“Capias” is the arrest warrant the judge signs when you miss court. “FTA” is the new criminal charge that goes with it. Virginia Code 19.2-128 applies to anyone who “willfully fails to appear before any court or judicial officer as required” after being released on bail, on a personal recognizance bond, or on a summons.¹ The same statute covers people who were already convicted and had sentencing or further proceedings still pending.

You can pick up a CA/FTA from something as minor as a traffic summons or as serious as a felony arraignment. The classification of the FTA follows the classification of the case you missed, not the seriousness of the reason you missed it.

Penalties

The FTA is prosecuted separately, and the sentence stacks on top of whatever you get for the underlying case.

Misdemeanor FTA: Class 1 misdemeanor, up to 12 months in jail, a fine of up to $2,500, or both.²
Felony FTA: Class 6 felony, one to five years in prison, or at the discretion of the judge or jury, up to 12 months in jail and a fine of up to $2,500.³

Beyond the direct sentence, a conviction leaves a permanent criminal record. And the missed date changes how the judge sees you on the original case. A defendant who skipped once is a defendant the court expects to skip again, which affects bond, plea offers, and sentencing on everything still open.

The Willfulness Requirement

The statute punishes only a willful failure to appear, and that word does most of the work in these cases. Virginia’s 2026 legislative session clarified the term: willfully failing to appear means intentional conduct carried out with the purpose of avoiding the judicial process.⁴ The prosecution has to prove you deliberately skipped, not just that your seat was empty.

The same legislation lists factors courts should weigh when deciding whether an absence was willful:

An illness, injury, or unforeseen medical condition.
Breakdowns, accidents, or transit failures beyond your control.
An inability to arrange childcare or care for a dependent.
Whether you contacted the court or your attorney and tried to fix the situation before being arrested.

A single missed date, by itself, is not enough to prove willfulness. Courts are directed to look at patterns and at evidence of a deliberate effort to dodge prosecution.⁴ Documentation matters. A hospital discharge sheet, a tow receipt, an email showing you were given the wrong courtroom — these are the kinds of records that break the willfulness element.

The Capias Warrant and What Happens After Arrest

The judge signs a capias the day you don’t appear. Warrants are entered into the Virginia Criminal Information Network (VCIN), a statewide system managed by the Virginia State Police that links to national databases including the National Crime Information Center.⁵ A warrant issued in Virginia Beach can get you arrested on a traffic stop in Roanoke, or in another state.

Once you’re picked up, you’re brought before the court that issued the warrant. The judge evaluates why you missed and decides what happens next. If the court finds the absence was not willful, the CA/FTA may be dismissed. If it looks intentional, the charge moves forward alongside the original case.

Interstate reach depends on the level of the charge. The Extradition Clause requires states to surrender fugitives charged with a felony or other crime to the state that wants them.⁶ For a felony FTA, extradition is common. For a misdemeanor, many jurisdictions won’t spend the money to bring you back, but the warrant sits in NCIC and creates problems at every future encounter with law enforcement.

Bond Forfeiture

If you posted bail or a bondsman posted it for you, that money is at risk the moment you miss court. Virginia Code 19.2-128 provides that anyone who fails to appear forfeits any security pledged for their release, unless good cause is shown or the court decides forfeiture would not serve the interests of justice.¹

Under Virginia Code 19.2-143, the court records the default and issues notice within five days. If you or your bondsman brings you before the court within 150 days, the court will dismiss the default on motion. After 150 days, the forfeiture is final, and if it remains unpaid, the bondsman’s license can be suspended.⁷ If your bondsman takes a loss, they will come after you for the full amount, and any collateral pledged — a car title, a relative’s property — is on the line.

Resolving an Outstanding Capias Warrant

Waiting is the worst option. Every traffic stop, background check, and airport check-in becomes a risk, and the longer you wait, the harder it gets to argue the original absence wasn’t willful. There are two workable paths.

Voluntary Surrender

Turning yourself in is almost always better than being arrested. It signals to the judge that you take the matter seriously. Before you surrender, talk to an attorney about logistics: when and where to turn in, what to bring, and whether bail has already been set. Bring identification, proof of your current address, and any documentation of why you missed court. If you know the bond amount, have the money or a bondsman lined up. Plan for the practical side too — childcare, work, medications. Surrendering early in the week and early in the day gives you the best chance of seeing a judge quickly.

Motion to Recall the Warrant

Your attorney can sometimes file a motion asking the court to recall the capias without you going into custody. The judge who issued the warrant rules on the motion. Success depends on your reason for missing, how quickly you acted, and the seriousness of the underlying charge. If granted, the court sets a new date and the arrest and booking are avoided. This works best with a documented excuse and a clean record of appearances.

Defenses

The core defense is that the absence was not willful. Because the prosecution has to prove intent, any credible evidence that you didn’t deliberately avoid court undermines the charge.⁴ Common defenses include:

Lack of notice. You never received the summons or notice. Returned mail, a documented address change, or proof it went to the wrong place strengthens this.
Medical emergency. Hospitalization, sudden illness, or an incapacitating injury on the date of the hearing. Hospital records or a doctor’s note tying the emergency to the date is the key evidence.
Transportation failure. A car accident, breakdown, or transit disruption you couldn’t work around. Police reports, tow receipts, or service alerts support it.
Incorrect information. You were told the wrong date, time, or courtroom by an attorney or court staff. Emails, voicemails, or calendar entries help prove it.

Even where a defense doesn’t produce an outright dismissal, showing the court you acted in good faith — that you turned yourself in voluntarily, contacted your attorney, or came back as soon as you realized — often reduces the penalty. Judges notice the difference between someone who cleaned up the mistake and someone who waited to be found.

Immigration Consequences for Non-Citizens

If you are not a U.S. citizen, a felony FTA conviction in Virginia can be catastrophic. Federal immigration law classifies a failure to appear in court to answer a felony charge as an “aggravated felony” if the offense is punishable by two or more years in prison.⁸ Virginia’s Class 6 felony FTA carries a maximum of five years, so it clears that threshold easily.

An aggravated felony conviction permanently bars a non-citizen from establishing the “good moral character” required for naturalization.⁹ It can also trigger removal proceedings and cut off most forms of immigration relief. A non-citizen facing this charge should have both a criminal defense attorney and an immigration attorney involved from the start.

Other Consequences to Know About

An active capias may not always appear on a standard employer background check, because many screening services pull from arrest and conviction records rather than active warrant databases. Once the warrant is executed and you’re arrested, though, that arrest becomes part of your criminal history and shows up. More thorough checks — for law enforcement, federal contractors, and security-clearance positions — are more likely to surface warrants before an arrest.

A conviction, particularly a felony FTA, leaves a permanent mark. Employers who see a felony conviction for skipping court draw obvious conclusions about reliability. Virginia’s ban-the-box law delays when the question can be asked, but doesn’t prevent discovery later in hiring.

One thing a CA/FTA does not do in Virginia: it does not automatically suspend your driver’s license. Virginia repealed its law allowing license suspension for unpaid court fines and costs in 2020.¹⁰ Your license can still be affected if the underlying offense is driving-related, but the FTA itself doesn’t trigger an administrative suspension.

Why Getting a Lawyer Matters

The difference between having an attorney on a CA/FTA and not having one is measured in years of exposure. An attorney can move to recall the warrant before you’re arrested, negotiate the FTA down or out in exchange for resolving the underlying case, and put mitigating evidence in front of the judge that you would struggle to assemble alone. On a felony FTA, counsel may be able to argue for misdemeanor-style treatment or jail time in place of prison time under the Class 6 sentencing discretion. When immigration status is in play, coordination between a criminal defense attorney and an immigration lawyer isn’t optional.

1
Virginia Code Commission. Virginia Code 19.2-128 – Penalties for Failure to Appear
2
Virginia Code Commission. Virginia Code 18.2-11 – Punishment for Conviction of Misdemeanor
3
Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony
4
Virginia State Legislative Information System. SB283SC1 – 2026 Regular Session
5
Virginia State Police. Virginia Criminal Information Network
6
Constitution Annotated. Overview of Extradition (Interstate Rendition) Clause
7
Virginia Code Commission. Virginia Code Title 19.2 Chapter 9 Article 2 – Recognizances
8
Office of the Law Revision Counsel. 8 USC 1101 – Definitions
9
U.S. Citizenship and Immigration Services. Permanent Bars to Good Moral Character
10
Virginia Code Commission. Virginia Code 46.2-395 – Repealed