The “Sinking Feeling”: What Happens When You Miss Your Sentencing Date?

By: John Guidry

Oh, that sinking feeling.

You thought court was set for next week, only to have the sheriff come knocking on your door. “Why is the sheriff looking for me?” you wonder. Then it hits you. You missed court.

STOP READING: If you have recently missed a court date and are wondering what to do: Stop reading this article and call a local defense attorney ASAP. The longer you wait, the worse it gets.

Warrant out for your arrest?

We can often get the warrant set aside if we act fast. Call John today at (407) 423-1117.

Not All Missed Dates Are Equal

The severity of a missed court date depends on the type of hearing:

• Case Management / Pretrial: Often fixable if your lawyer can tap dance and present a reasonable explanation.
• Trial: A disaster.
• Sentencing: This is where things get legally complex.

Here in Orlando, many judges are somewhat forgiving if defense counsel presents a reasonable excuse (I said “many,” not “all”). But what if you miss your sentencing because you were… busy getting arrested for something else?

The Case: Palmore v. State

This scenario played out in Palmore v. State, 71 So. 3d 178 (Fla. 1st DCA 2011).

• The Deal: Palmore entered a plea deal for 60 days in jail followed by probation for drug and firearm charges.
• The Condition: The judge allowed him to remain free, but he had to return weeks later to begin his sentence.
• The Screw-Up: Palmore failed to appear for his sentencing on January 11th.
• The Reason: He was arrested on January 9th for Burglary and Grand Theft. (Oops, I did it again).

The Judge’s Reaction: On the day of sentencing, the judge was furious. He withdrew the plea agreement and sentenced Palmore to 18 months in prison—simply based on the fact that he failed to appear.

The Appeal: Was it “Willful”?

Palmore appealed, arguing that the judge couldn’t just triple his sentence automatically. The appellate court agreed and overturned the 18-month sentence.

The Legal Rule: The Court relied on Johnson v. State, which holds:

“Where timely appearance for sentencing is made a condition of a plea agreement, a non-willful failure to appear will not vitiate the agreement and permit the trial court to impose some greater sentence.”

Why Palmore Won: The judge never made a “factual determination” as to whether the failure to appear was willful.

• If you are in a coma, you can’t come to court. That is not willful.
• If you are in jail (even for a new crime), you physically cannot come to court unless the Sheriff transports you. Therefore, your failure to appear might not be “willful” in the legal sense.

In English, this means the judge cannot automatically hammer you just because you aren’t there. They must hold a hearing to find out why.

John’s 2026 Update: The “Quarterman” Warning

Note: While Palmore is still good law regarding “willfulness,” the landscape has changed.

In 2026, judges are extremely careful to give what we call a “Quarterman Warning” (based on the Florida Supreme Court case State v. Quarterman).

When you enter a plea today and ask for a future surrender date (a furlough), the judge will look you in the eye and say: “If you fail to appear, or if you get arrested for a new crime between now and then, this plea deal is void, and I can sentence you to the statutory maximum (often 5, 15, or 30 years).”

The Trap: If you received a Quarterman warning and you miss court, the judge can hammer you. However, the Palmore defense still exists! Even with a warning, the State must prove your absence was willful.

• If you were hospitalized? Not Willful.
• If you were kidnapped? Not Willful.
• If you simply forgot or overslept? Willful. (Prepare for prison).

Missed Court? Don’t Wait for the Knock.

If you missed a date, do not wait for the police to find you. We need to file a Motion to Withdraw Capias (Warrant) immediately and explain the situation to the judge before you are in handcuffs.

Call me at (407) 423-1117. Let’s fix this before it gets worse.

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.