There are many reasons why someone may miss a court date. Whether it couldn’t be helped or was simply bad judgment, it’s a situation that needs to be resolved right away. Doing so can allow you to start your journey to turning over a new leaf.
Before you attempt to resolve the issue, it’s important to know what the consequences are likely to be, and what you should do and say. Here you’ll find everything you need to know when it comes to failing to appear in court.
What Is a Bench Warrant and Failure to Appear?
In Canada, a bench warrant is issued by a judge whenever someone is required to attend court but doesn’t. It gives the police the authorization to arrest you and bring you before the court to face the legal consequences of your actions. Failure to appear is the charge you’re given for unlawfully missing a court date.
A bench warrant can be issued for any type of missed court appearance, including bail hearings, summons, an undertaking, or provincial court appearance. There is no expiry on a bench warrant until it has been successfully executed.
The holidays are often a time when a bench warrant can catch up with someone. Whether it’s a routine traffic stop, border checks, or routine ID scans, existing warrants are more likely to surface. It can be tempting to avoid the consequences until the new year, but that would always be a mistake.
What Does Failure to Appear Actually Mean?
“Failure to Attend Court or Appear” is the criminal offence you will be charged with, and it goes beyond just issuing a bench warrant. It will almost certainly come with additional punishments, but the severity of these punishments can vary greatly.
The consequences of failing to appear can include:
- A new criminal charge
- Fines
- Jail time up to two years
- Stricter bail conditions
- Being held in custody until a hearing
- A criminal record
The courts take a failure to appear very seriously. It makes them nervous that you may fail to comply with future court orders. This is where it’s important to have an experienced lawyer by your side who can help you to keep your freedom and lessen any punishments.
If you don’t want to resolve the warrant before the holidays, this is a bad idea. Any further delay can be held against you. The potential punishments listed above can become more likely and more severe. Even if it will disrupt your plans, it’s better to resolve it as soon as possible.
Related Article: https://www.agpllp.ca/criminal-record-in-ontario-how-it-affects-travel-work-life/
What To Do If You’ve Missed Court
If you’ve missed a court date, then it’s important not to panic. All you can do now is take the right steps to voluntarily resolve it. Here’s a step-by-step guide on what you should do:
- Deal With It Immediately – It can be tempting to put things off, especially in the holidays. However, any delay can be held against you. Dealing with a failure to appear warrant immediately reduces your risk of being arrested and/or facing additional charges.
- Contact a Criminal Defence Lawyer – The first step in dealing with it immediately is to contact an experienced criminal defence lawyer. They can check whether a warrant is active, advocate for release conditions to avoid custody, and negotiate and surrender terms. This will be your best chance of avoiding any harsh punishments.
- Surrender Voluntarily to Clear Bench Warrant – With an active warrant, it’s better to surrender rather than wait to be arrested. This shows your respect for the process and can lead to more favourable treatment with fewer punishments. It also avoids you being arrested, which can be inconvenient and embarrassing.
- Gather Proof of Any Lawful Excuse – If your absence was truly unavoidable, you need to gather evidence of this. Your lawyer will further advise on how likely this defence is and what proof you need. Being forgetful, having work commitments, or transportation issues aren’t going to qualify as a lawful excuse.
Related Article: https://www.agpllp.ca/do-you-need-a-lawyer-for-a-bail-hearing/
FAQs
What are the punishments for a failure to appear?
Depending on the seriousness, jail time is possible. More likely are fines and a criminal record. Along with this, stricter bail conditions are usually given. If the court views you as high risk, you may lose your existing bail and be held in custody until your trial.
Will a bench warrant show up during routine police checks?
Yes. A bench warrant will appear in both the national and provincial databases. Whenever a search is done, such as a routine traffic stop or going through airport security, your bench warrant will be flagged, and this can trigger an immediate arrest.
What if I had a good reason for missing my court date?
There is a high burden of proof for this, and it needs to be an unavoidable reason. Examples would be medical emergencies or being held in custody elsewhere. Unless it was truly unavoidable and can be proven, the court won’t see it as a lawful excuse.
Will the police come to my house if there’s a bench warrant?
It depends on the seriousness of the case, but the police are unlikely to actively search for you for a minor matter. For more serious cases, the police may directly search for you, which would likely include visiting your home.
What happens when I surrender?
Once you surrender, the police will usually arrest you. You’re likely to be held in custody until you are brought before a court, which usually happens within 24 hours. The judge will then decide on your bail conditions. These conditions are likely to be harsher than before, but your surrender does give you a better chance at a more favourable outcome.
Final Thoughts
Missing a court date can happen. It may feel overwhelming, but it’s important to take the right steps. By surrendering and showing remorse, the impact could be minimal. Waiting until after the holidays will only make things worse.
The right steps for bench warrants and failure to appear can be summarized as: don’t delay, talk to a lawyer, and aim to resolve it immediately. If you’ve missed court and are in need of legal representation, contact AGP LLP today. We’ll be happy to review your case and advise on how we can help.
