Arizona can be a harsh state for criminal and DUI cases, and a defendant in Navajo County recently found out just how harsh in a recent case, court of appeals case, State v. Tafoya. He didn’t go to prison for the crash that started his case. He went to prison for missing one court date.The Crash and the Original Charges
In March 2023, the defendant was involved in a car crash in which his four-year-old son suffered a serious physical injury. The State charged him with multiple felony offenses arising out of the collision.
Served With a Summons, Then a Warrant
Just over a week later, an officer with the Navajo County Sheriff’s Office personally served the defendant with a summons to appear in the criminal matter. The summons listed the case number and charges and stated he was required to appear before the Navajo County Superior Court in Holbrook on Monday, April 10, 2023, at 9:00 AM. It also warned that a warrant would issue if he failed to appear.
He did not appear for his arraignment. The court issued a warrant for his arrest that same day.
A New Felony, On Top of the Original Charges
That same day, the County Attorney’s office filed a felony failure to appear charge under A.R.S. § 13-2507, a class 5 felony. One week later, a Holbrook police officer arrested him. During the arrest, the officer asked if he knew he’d had court. He said he had “put in a motion to get it dismissed.” No such motion had been filed.
The Filing That Changed Everything: Allegation of Prior Convictions
The County Attorney’s office then filed an Allegation of Prior Convictions with the court. This single filing eliminated probation as a possible sentence and increased the applicable sentencing range under A.R.S. § 13-703. The County Attorney was not required to file this allegation. It could easily have not been filed.
Trial, Verdict, and a Four-Year Sentence
The failure to appear charge went to a jury trial, where the defendant testified that he never read the summons and didn’t realize it related to his criminal case, assuming instead it concerned his pending Department of Child Safety (DCS) matter. He testified he had no prior felony failures to appear, though he had one misdemeanor failure to appear from 2020.
The jury found him guilty. The court sentenced him to a minimum term of four years in prison, with credit for 108 days already served. A four-year sentence on a class 5 felony is only possible if the defendant has at least two allegeable prior felony convictions, meaning he must have had at least that many on record.
Why This Case Should Concern Every Arizona Defendant
A few things stand out about this outcome:
He was sentenced to four years for missing exactly one court date. Not a trial. Not a hearing where witnesses or jurors were inconvenienced. An arraignment, where a defendant is simply advised of the charges and conditions of release are set.
He was easy to find. The Sheriff’s Office had personally served him days earlier, and Holbrook police arrested him just one week after he missed court. Nothing about this case involved someone who’d disappeared or fled the state.
The four-year sentence wasn’t mandatory. It was only possible because the County Attorney chose to file the Allegation of Prior Convictions. Without that filing, he would have been eligible for probation with no prison time at all, even after a guilty verdict.
The sentence will cost Arizona taxpayers well over $150,000, based on the Arizona Department of Corrections’ published per-inmate incarceration costs, for a missed court date.
And on the underlying case, public court records show he was found not guilty of the most serious charge, Aggravated Assault, from the original crash.
What This Means for You
If you are facing any criminal or DUI charge in Arizona, the single most important takeaway from this case is this: a missed court date can become its own felony, independent of how your underlying case turns out. Specifically:
Treat every summons as urgent, even if you’re confused about it. The defendant in this case assumed his summons related to an unrelated DCS matter. That assumption cost him four years. If you receive any paperwork referencing a case number or court date, confirm what it’s for before you decide it doesn’t apply to you.
A missed arraignment can trigger a warrant the same day. Courts do not wait to see if you show up late or had a good reason. The warrant in this case issued immediately, and a new felony charge followed within hours.
Prior convictions can multiply your exposure. If you have any felony history, prosecutors may have discretion to file an Allegation of Prior Convictions, which can take probation off the table entirely. Whether that filing happens can depend heavily on plea negotiations and legal advocacy before sentencing.
Acting quickly after a missed court date matters. If you’ve already missed a court date, contact a defense attorney immediately, before law enforcement arrests you. There are sometimes options, such as a voluntary surrender or a motion to quash the warrant, that are far harder to pursue after an arrest.
Frequently Asked Questions About Failure to Appear and DUI Charges in Arizona
Is failure to appear a felony in Arizona?
It depends on the underlying case. Under A.R.S. § 13-2507, failing to appear on a felony matter is itself a class 5 felony. Failing to appear on a misdemeanor case is typically charged as a class 1 misdemeanor. Either way, it’s treated as a separate crime from whatever you were originally charged with.
What happens if you miss a court date for a felony in Arizona?
The court will typically issue a bench warrant for your arrest right away. Prosecutors can also file a standalone failure to appear charge, and if you have prior felony convictions, the State may file an Allegation of Prior Convictions, which can remove probation as an option and significantly raise the sentencing range if you’re convicted.
Can you really go to jail just for missing a court date?
Yes. As this Navajo County case shows, a defendant was sentenced to four years in prison for missing a single arraignment, separate from whatever happened on his underlying charges. Arizona treats failure to appear as its own offense, not a minor scheduling issue.
What is an Allegation of Prior Convictions, and why does it matter so much?
It’s a filing prosecutors use under A.R.S. § 13-703 to notify the court of a defendant’s prior felony convictions before sentencing. If proven, it raises the applicable sentencing range and can eliminate probation entirely. Prosecutors aren’t required to file it, which means the decision to file (or not) can be the difference between probation and years in prison.
Should I talk to a lawyer before my first DUI or criminal court date?
Yes. An attorney can confirm the date and courtroom are correct, request a continuance if there’s a genuine scheduling conflict, and in some circumstances appear on your behalf. Never assume a court notice is unimportant, or that it relates to a different matter, without confirming first.
What should I do if I’ve already missed a court date?
Contact a criminal defense attorney immediately, before law enforcement arrests you. In many cases, an attorney can help arrange a voluntary surrender or file a motion to quash the warrant, which can affect how both the original charge and any new failure to appear charge are handled.
Does a DUI charge carry the same failure-to-appear risk?
Yes. DUI cases follow the same court date and warrant rules as any other Arizona criminal case. Missing a DUI arraignment or pretrial hearing can trigger a bench warrant, and if the DUI is charged as a felony (such as a third or subsequent DUI, or an aggravated DUI), a felony failure to appear charge is possible on top of the DUI itself.
About the Author
This post was written by Gordon Thompson, a sole-practitioner DUI and criminal defense attorney admitted to the New York State Bar in 1979 and the Arizona State Bar in 1982. Over 44 years of practice, he has represented more than 5,000 people charged with crimes throughout Maricopa, Pinal, and Northern Arizona courts, working to minimize the impact of criminal charges on his clients and their families.
If you or someone you know has a pending court date, a missed court date, or a failure to appear charge in Arizona, getting accurate legal advice quickly can materially change the outcome. Gordon offers a free initial consultation by phone, video, or in his office.
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