TCA 40-15-101
Default of defendant
FELONYFelony
What does this charge mean?
This statute is not a criminal offense—it addresses what happens when a defendant in a criminal case fails to appear in court (does not show up) or escapes from jail. The court can dismiss the case from its docket and order the state to pay the court costs, but if the defendant is later caught or returns to Tennessee, the case can be restarted and prosecuted as if the dismissal never happened. This is a procedural/administrative statute, not a criminal law.
Penalty Details
ClassificationFelony
Penalty SummaryFelony
(a) When a capias has been returned not to be found, and in felony cases when, before or after conviction, the defendant breaks jail or forfeits the bond for appearance, the court may strike the cause from the docket, and give judgment against the state for the costs as the state is bound to pay in case of nolle prosequi or acquittal of the defendant. Ask a legal question, get an answer ASAP!(b) The cause shall not be discontinued by such judgment. If the defendant is afterwards taken or comes into the state, a capias or other process shall run against the defendant and the case be proceeded with as if it had not been stricken from the docket.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
FELONY
TCA Section40-15-101