What Happens If You Fail to Appear in Court

One of the most common questions surrounding court dates is what happens if you fail to appear in court, so today we will look at the consequences of failing to appear, such as arrest, criminal charges and potential imprisonment, as well as lawful excuses such as hospitalization, and what to do if you have missed your court date.

Consequences of Failing to Appear in Criminal Court

Whether for a traffic violation or criminal charge, appearing in court on the scheduled date is a critical step in the legal process that should not be taken lightly. As sections 145(2) and (3) of the Criminal Code of Canada outline, failing to appear in court can lead to severe consequences, underlining the importance. It is also noteworthy that these offences are hybrid offences where the Crown Attorney can elect to proceed either summarily or by indictment, which can impact the penalty you receive at sentencing if found guilty of one of these offences.

Section 145(2) and (3) of the Criminal Code of Canada states:

Failure to attend court or surrender

(2) Every person is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction who,

(a) is at large on a release order and who fails, without lawful excuse, to attend court in accordance with the release order;

(b) having appeared before a court, justice or judge, fails, without lawful excuse, to subsequently attend court as required by the court, justice or judge;

(c) fails to surrender themselves in accordance with an order of the court, justice or judge, as the case may be; or

(d) fails, without lawful excuse, to comply with an order made under section 515.01.

Failure to comply with appearance notice or summons

(3) Every person who is named in an appearance notice that has been confirmed by a justice under section 508 or who is served with a summons and who fails, without lawful excuse, to appear at the time and place stated in the notice or the summons, as the case may be, for the purposes of the Identification of Criminals Act, or to attend court in accordance with the notice or the summons, as the case may be, is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than two years; or

(b) an offence punishable on summary conviction.

Generally, the judge will likely issue a bench warrant, which allows law enforcement to arrest you, or a discretionary bench warrant, which essentially adjourns the hearing to another day. In the case of a discretionary bench warrant, you will not be detained if it is the first time you fail to attend a scheduled court date but may be arrested if it happens repeatedly and a bench warrant is ultimately issued.

Other possible consequences include:

• Additional Criminal Charges: If you have no lawful excuse to have missed your court date, you may also face additional criminal charges, meaning that on top of the charges brought against you in your court case, the judge may add a charge for failure to appear.
• Contempt of Court: In addition to these charges, the judge may charge you with contempt of Court. This can lead to fines or even prison time.
• Ex Parte Judgment: One severe potential consequence of failing to appear in court without a lawful excuse or, at the very least, a notification could be an ex parte judgement. Both the trial and sentencing of an accused person may occur in the absence of the accused person 

Understanding Lawful Excuse

Certain circumstances may be accepted as a reason for missing a court date. However, you are responsible for showing due diligence and convincing the judge that the reason was beyond your control. For example, having to attend work or school, feeling unwell, or simply having forgotten the date will very likely not be accepted as a lawful excuse.

On the other hand, if you had to go to the hospital due to a medical emergency and have been arrested, for instance, the judge may accept the reason and be more lenient. 

You’ve Missed Your Court Date: What To Do?

If you have missed a scheduled court date, your first step should be to speak to your criminal defence lawyer. He or she can determine if a bench warrant has been issued against you and advise you of the next steps. 

When a bench warrant has been issued for you, you should turn yourself in to the police instead of waiting for them to pick you up. We advise that you bring some personal belongings with you, including a list of significant phone numbers, as the police will arrest you when you turn yourself in. You should also arrange for somebody to drive you to the station to avoid the hassle of arranging for your car to be picked up.

If your court date has not happened yet, but you know that you will not be able to attend, you can also have your legal counsel attend on your behalf and request that the hearing be rescheduled without a bench warrant being issued. This can happen either by acting as your agent or through a document called a ‘designation.’ This could prevent you from getting arrested and facing additional charges and consequences.

How a Criminal Lawyer Can Help

If you have failed to appear in court, an experienced criminal lawyer can advise you on the next steps. He or she may be able to appear on your behalf or act on your behalf to resolve the issue and potentially have the warrant cancelled.

Farjoud Law has an outstanding track record defending clients charged with criminal offences. We are dedicated to professionalism, client services and passionate advocacy. 

If you or a loved one has been charged with a criminal offence, do not hesitate to call Farjoud Law at 647-606-6776 to speak directly to a criminal defence lawyer who personally answers all calls 24 hours a day, 7 days a week or fill out our convenient online form.