“No Bond” for Missing Court? Why Judges Must Forgive Before They Lock You Up

By: John Guidry

Everyone has run late or missed an appointment at some point in their lives. Here in Orlando, some judges are quick to issue a Capias (arrest warrant) for a Failure to Appear (FTA) at pretrial or arraignment.

• The Knee-Jerk Reaction: Often, the judge issues a “No Bond” warrant, meaning you sit in jail until your case is over.
• The Question: Why “No Bond”? Isn’t a higher bond enough to get someone’s attention?

Is there a warrant out for your arrest because you missed a date?

We can often get it recalled. Call John today at (407) 423-1117.

The Case: Williams v. State (The Soldier’s Excuse)

Here is a real-life example of judicial overreach: Williams v. State, 59 So. 3d 387 (Fla. 4th DCA 2011).

• The Miss: Williams failed to appear (FTA) for a calendar call on a felony theft charge.
• The Context: He had missed a previous date, but that warrant was quashed because he never got notice.
• The Warrant: On the second miss, the Judge issued a No Bond Warrant. His attorney didn’t know where he was.

The Twist: It turned out Williams was a member of a National Guard Special Forces Unit.

• The Excuse: He was given 24 hours’ notice to deploy to Africa for four months. His location did not allow outgoing calls.
• The Judicial Error: Despite this valid excuse, the trial judge refused to lift the No Bond hold.

The Two-Step Analysis: Willful and Necessary

The Appeals Court overturned the warrant. They held that judges cannot just lock people up for missing court without a Two-Step Analysis:

Step 1: Was it Willful? The court must determine if the FTA was intentional.

• Williams’ Case: Being deployed to Africa with 24 hours’ notice is not willful. It is mandatory service. If the judge doesn’t ask why you missed court, the warrant is invalid.

Step 2: Is Incarceration Necessary? Even if the miss was willful (e.g., you were watching Jersey Shore), a No Bond warrant should be a last resort.

• The Standard: The judge must decide if holding you in jail is “necessary” to ensure your appearance at trial.
• The Alternatives: Often, raising the bond or adding a reporting condition is enough. Punishment shouldn’t be the first option.

A Little Preachy Moment: What is wrong with a little forgiveness? We’ve all been taught: “Forgive us our trespasses, as we forgive those who have trespassed against us.” Judges would do well to remember that.

John’s 2026 Update: The “Auto-Warrant” & Virtual Courts

Note: In 2011, Williams went to Africa. In 2026, you might get a warrant just because your iPad didn’t connect.

1. The “Virtual Lobby” Trap Most routine hearings are now held on Zoom/Teams.

• The New FTA: If you log in 5 minutes late, or if you are stuck in the “Virtual Waiting Room” and the Judge scrolls past your name, the clerk marks you as FTA.
• The 2026 Defense: We use your Browser History and Zoom Logs to prove you attempted to appear. Unlike Williams, where he was unreachable, we can now prove you were digitally present, forcing the Judge to recall the warrant under the “Willfulness” prong.

2. AI Warrant Issuance In some jurisdictions, the warrant process is automated.

• The Glitch: If the electronic docket marks you “Absent,” the system auto-generates a warrant. It skips the Williams “Two-Step Analysis” entirely because a computer can’t analyze “Willfulness.”
• The Strategy: We file an emergency motion citing Williams. We argue that an algorithm cannot make a finding of “Necessity” or “Willfulness”—only a human judge can.

3. “Zoom Fatigue” is Not an Excuse While Williams had a valid military excuse, courts in 2026 are strict about tech excuses.

• The Warning: Claiming “I couldn’t get a ride” doesn’t work when you can appear by phone. Claiming “My battery died” is treated as willful negligence. You must treat a virtual court date with the same preparation as a physical deployment.

Don’t Let a Missed Date Become a Prison Sentence

If you missed court, do not wait for the police to find you. We can often file a motion to Quash the Warrant before you ever see the inside of a jail cell.

Call me at (407) 423-1117. Let’s clear the warrant.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.