Connecticut General Statutes
Conn. Gen. Stat. § 53a-173 (2026)
Failure to appear in the second degree: Class A misdemeanor
✓ current as of May 2026
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(a) A person is guilty of failure to appear in the second degree when (1) while charged with the commission of a misdemeanor or a motor vehicle violation for which a sentence to a term of imprisonment may be imposed and while out on bail or released under other procedure of law, such person wilfully fails to appear when legally called according to the terms of such person's bail bond or promise to appear, or (2) while on probation for conviction of a misdemeanor or motor vehicle violation, such person wilfully fails to appear when legally called for any court hearing relating to a violation of such probation.
(b) Failure to appear in the second degree is a class A misdemeanor.
(1969, P.A. 828, S. 175; P.A. 87-343, S. 2, 4; P.A. 92-260, S. 65; P.A. 98-26, S. 2; P.A. 10-180, S. 2.)
History: P.A. 87-343 included persons charged with a motor vehicle violation for which a sentence to a term of imprisonment may be imposed; P.A. 92-260 made technical changes in Subsec. (a) by repositioning and rephrasing language; P.A. 98-26 added Subsec. (a)(2) re failure to appear for a violation of probation hearing; P.A. 10-180 amended Subsec. (a) to replace in Subdiv. (2) “a violation of probation hearing” with “any court hearing relating to a violation of such probation” and make technical changes.
See Sec. 54-2e re issuance of rearrest warrant or capias for failure to appear.
Cited. 227 C. 829; 234 C. 301.
Cited. 6 CA 247; 8 CA 542; 11 CA 644; 13 CA 638; 17 CA 226; 20 CA 811; 38 CA 85; 43 CA 142; 45 CA 722. Pursuant to section, to support a conviction for failure to appear, state must prove beyond a reasonable doubt either that defendant received and deliberately ignored a notice to appear or that he intentionally embarked on a course of conduct designed to prevent him from receiving such notice. 61 CA 118.
Cited. 35 CS 587.
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Notes of Decisions
Cited in 35
cases (1 in the last 5 years), 1978–2024 · leading case: McCoy v. Comm'r of Pub. Saf., 12 A.3d 948 (Conn. 2011).
McCoy v. Comm'r of Pub. Saf., 12 A.3d 948 (Conn. 2011). “See General Statutes § 53a-28 (e)(2) (referring to conditions relevant to probation for "a motor vehicle violation for which a sentence to a term of imprisonment may be imposed"); General Statutes § 53a-173 (a)(1) (addressing failure to appear in second degree in context of…”
State v. Pauling, 925 A.2d 1200 (Conn. App. Ct. 2007). “The defendant, Anthony Pauling, appeals from the judgment of conviction rendered after a jury trial, of unlawful restraint in the first degree in violation of General Statutes § 53a-95 (a), assault in the third degree in violation of General Statutes § 53a-61 (a) (1), failure to…”
State v. Hill, 773 A.2d 931 (Conn. 2001). “The defendant and the state subsequently entered into a plea agreement whereby the state agreed to drop the assault charge, and the defendant pleaded guilty to a charge of failure to appear in the second degree in violation of General Statutes § 53a-173. 2 The trial court…”
State v. McElveen, 802 A.2d 74 (Conn. 2002). “to 1997) § 53a-173. 4 The trial court, Rodriguez, J.”
State v. Trahan, 697 A.2d 1153 (Conn. App. Ct. 1997). “The state, with the permission of the trial court, 1 appeals from the judgment granting the defendant’s motion to dismiss a charge of failure to appear in the second degree in violation of General Statutes § 53a-173. The defendant moved to dismiss the charge against him after…”
Statewide Grievance Comm. v. Whitney, 633 A.2d 296 (Conn. 1993). “” General Statutes § 53a-173 provides: “(a) A person is guilty of failure to appear in the second degree when, while charged with the commission of a misdemeanor or a motor vehicle violation for which a sentence to a term of imprisonment may be imposed and while out on bail or…”
State v. Youdin, 659 A.2d 728 (Conn. App. Ct. 1995). “The record shows that the defendant was subsequently rearrested and charged with failure to appear in the second degree in violation of General Statutes § 53a-173. 4 Prior to the commencement of jury selec *87 tion, the trial court granted the defendant’s motion to sever the…”
State v. Hoskins, 401 A.2d 619 (Conn. Super. Ct. 1978). “” 3 General Statutes § 53a-173 provides in pertinent part: “(a) Any person who, while charged with the commission of a misdemeanor and while out on bail or released under other procedure of law, wilfully fails to appear when legally ealled according to the terms of his bail bond…”
State v. Lahai, 18 A.3d 630 (Conn. App. Ct. 2011). “*474 On October 11, 2001, the defendant was arrested for a third time and charged with assault of a pregnant person in the third degree in violation of § 53a-61a and breach of the peace in the second degree in violation of General Statutes § 53a-181. He subsequently was charged…”
State v. Garvin, 682 A.2d 562 (Conn. App. Ct. 1996). “” General Statutes § 53a-172. Each failure to appear relates to the underlying charge for which the individual failed to appear.”
State v. Hoover, 738 A.2d 685 (Conn. App. Ct. 1999). “Hoover, appeals from the judgment of conviction, rendered following a jury trial, of burglary in the third degree in violation of General Statutes § 53a-103, larceny in the sixth degree in violation of General Statutes § 53a-125b and failure to appear in the second degree in…”
State v. Hall, 991 A.2d 598 (Conn. App. Ct. 2010). “A conviction of failure to appear also may be either a felony; see General Statutes § 53a-172; or a misdemeanor; see General Statutes § 53a-173; depending on the nature of the underlying charges.”
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