Wash. Rev. Code » Title 9A · Chapter 9A.76
Revised Code of Washington

Wash. Rev. Code § 9A.76.190 (2026)

Failure to appear or surrender—Affirmative defense—Penalty

✓ current as of May 2026
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(1)(a) A person is guilty of failure to appear or surrender if he or she is released by court order or admitted to bail, has received written notice of the requirement of a subsequent personal appearance before any court of this state or of the requirement to report to a correctional facility for service of sentence, and fails to appear or fails to surrender for service of sentence as required; and
(b)(i) Within thirty days of the issuance of a warrant for failure to appear or surrender, does not make a motion with the court to quash the warrant, and if a motion is made under this subsection, he or she does not appear before the court with respect to the motion; or
(ii) Has had a prior warrant issued based on a prior incident of failure to appear or surrender for the present cause for which he or she is being held or charged or has been convicted.
(2) It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering, that the person did not contribute to the creation of such circumstances by negligently disregarding the requirement to appear or surrender, and that the person appeared or surrendered as soon as such circumstances ceased to exist.
(3) Failure to appear or surrender is:
(a) A gross misdemeanor if the person was held for, charged with, or convicted of a felony; or
(b) A misdemeanor if the person was held for, charged with, or convicted of a gross misdemeanor or misdemeanor.
[ 2020 c 19 s 2.]
Notes of Decisions
Cited in 7 cases (6 in the last 5 years), 2020–2025 · leading case: State Of Washington v. Terysa Ann Brake, 476 P.3d 1094 (Wash. Ct. App. 2020).
Sort: Relevance Newest Treatment
State Of Washington v. Terysa Ann Brake, 476 P.3d 1094 (Wash. Ct. App. 2020). · cites it 2× “2 This section has been codified as RCW 9A.76.190. 4 52613-1-II Ramirez concluded that the trial court had erred in imposing the LFOs without making an adequate inquiry into his ability to pay, which normally would have entitled the defendant to resentencing.”
State Of Washington, Respondent/cross-app. V. Daniel Joseph Widders, Sr., Appellant/cross- Resp., 569 P.3d 350 (Wash. Ct. App. 2025). · cites it 7× “110, and failure to appear or surrender, RCW 9A.76.190, are concurrent statutes, and Widders should have been charged under the more specific failure to appear or surrender statute.”
State of Washington v. Joyce Aspen Hoffman, 481 P.3d 604 (Wash. Ct. App. 2021). · cites it 2× “19, § 2 (codified at RCW 9A.76.190). A person fails to appear within the meaning of the new crime if he or she fails to appear after receiving written notice of the requirement of a subsequent personal appearance and either of the following apply:  Within 30 days of the…”
State Of Washington, V T-jay Duane Delo (Wash. Ct. App. 2021). · cites it 2× “RCW 9A.76.190. As part of the new crime of failure to appear or surrender for a non-trial court date, the State must either prove that the defendant did not appear and did not move to quash the warrant within thirty days of its issuance or that the defendant had a prior warrant…”
State Of Washington, V. Cheyenne Larsen (Wash. Ct. App. 2021). “As part of the new crime of failure to appear or surrender for a non-trial court date, the State must either prove that the defendant did not appear and did not move to quash the warrant within 30 days of its issuance or that the defendant had a prior warrant issued for failing…”
State Of Washington, V. Jesse Gamez (Wash. Ct. App. 2024). “” Gamez was alleged to have failed to appear on June 27, 2022, which 4 RCW 9A.76.190(3): Failure to appear or surrender is: (a) A gross misdemeanor if the person was held for, charged with, or convicted of a felony; or (b) A misdemeanor if the person was held for, charged with,…”
State Of Washington, V. Catalina Marie Guillen (Wash. Ct. App. 2025). “See RCW 9A.76.190(1)(a). The State has the burden of establishing that Guillen’s guilty plea to failure to appear was made knowingly, intelligently, and voluntarily.”
— Wash. Rev. Code § 9A.76.190(1) — 1 case
State of Washington v. Joyce Aspen Hoffman, 481 P.3d 604 (Wash. Ct. App. 2021). “19, § 2 (codified at RCW 9A.76.190). A person fails to appear within the meaning of the new crime if he or she fails to appear after receiving written notice of the requirement of a subsequent personal appearance and either of the following apply:  Within 30 days of the…”
— Wash. Rev. Code § 9A.76.190(1)(a) — 1 case
State Of Washington, V. Catalina Marie Guillen (Wash. Ct. App. 2025). “See RCW 9A.76.190(1)(a). The State has the burden of establishing that Guillen’s guilty plea to failure to appear was made knowingly, intelligently, and voluntarily.”
— Wash. Rev. Code § 9A.76.190(1)(b) — 2 cases
State Of Washington, V T-jay Duane Delo (Wash. Ct. App. 2021). “RCW 9A.76.190. As part of the new crime of failure to appear or surrender for a non-trial court date, the State must either prove that the defendant did not appear and did not move to quash the warrant within thirty days of its issuance or that the defendant had a prior warrant…”
State Of Washington, V. Cheyenne Larsen (Wash. Ct. App. 2021). “As part of the new crime of failure to appear or surrender for a non-trial court date, the State must either prove that the defendant did not appear and did not move to quash the warrant within 30 days of its issuance or that the defendant had a prior warrant issued for failing…”
— Wash. Rev. Code § 9A.76.190(1)(b)(i) — 1 case
State Of Washington v. Terysa Ann Brake, 476 P.3d 1094 (Wash. Ct. App. 2020). “2 This section has been codified as RCW 9A.76.190. 4 52613-1-II Ramirez concluded that the trial court had erred in imposing the LFOs without making an adequate inquiry into his ability to pay, which normally would have entitled the defendant to resentencing.”
— Wash. Rev. Code § 9A.76.190(3) — 1 case
State Of Washington, V. Jesse Gamez (Wash. Ct. App. 2024). “” Gamez was alleged to have failed to appear on June 27, 2022, which 4 RCW 9A.76.190(3): Failure to appear or surrender is: (a) A gross misdemeanor if the person was held for, charged with, or convicted of a felony; or (b) A misdemeanor if the person was held for, charged with,…”
— Wash. Rev. Code § 9A.76.190(3)(a) — 1 case
State Of Washington, Respondent/cross-app. V. Daniel Joseph Widders, Sr., Appellant/cross- Resp., 569 P.3d 350 (Wash. Ct. App. 2025). “110, and failure to appear or surrender, RCW 9A.76.190, are concurrent statutes, and Widders should have been charged under the more specific failure to appear or surrender statute.”
— Wash. Rev. Code § 9A.76.190(3)(b) — 1 case
State Of Washington, Respondent/cross-app. V. Daniel Joseph Widders, Sr., Appellant/cross- Resp., 569 P.3d 350 (Wash. Ct. App. 2025). “110, and failure to appear or surrender, RCW 9A.76.190, are concurrent statutes, and Widders should have been charged under the more specific failure to appear or surrender statute.”
— Wash. Rev. Code § 9A.76.190(b)(i) — 1 case
State Of Washington, Respondent/cross-app. V. Daniel Joseph Widders, Sr., Appellant/cross- Resp., 569 P.3d 350 (Wash. Ct. App. 2025). “110, and failure to appear or surrender, RCW 9A.76.190, are concurrent statutes, and Widders should have been charged under the more specific failure to appear or surrender statute.”
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