Whatever the reason you have to show up at court, you must take it seriously. Failing to appear can lead to additional charges as it’s a criminal offence in Canada. In fact, there’s a good chance you may be arrested and imprisoned.
If you have failed to appear in court, contact Brampton criminal defence lawyer Harpreet Saini. He will help you understand your charges and the best way to move forward with the court process.
Also, read this blog that covers important facts you should know.
Let’s get started.
What Happens When You Don’t Appear in Court?
Here are some things to know about failing to show up at court.
1. What does failing to appear in court mean?
Section 145 of the Criminal Code of Canada outlines the offence of failing to appear in court. It can occur either when:
a) You are required to submit a fingerprint, did not comply, and failed to submit a lawful reason for not showing up, or
b) You failed to attend court without a lawful excuse.
2. What does ‘lawful excuse’ mean?
For anyone who misses their court date, they need to have good reasons for doing so to avoid additional criminal charges. Remember, a court hearing requires that you, the judge, and the clerk be present. Hence, judges tend to look at a defendant’s failure to attend court as a disrespectful gesture toward the system.
So, if you think you can get away with making an excuse such as having work, not feeling well or dealing with a family situation, these probably won’t be accepted. However, if you are going through a serious situation, like hospitalization, the judge may be more considerate.
3. What happens when you fail to appear in court in Brampton?
Brampton falls under Ontario provincial law. If a defendant doesn’t appear in court, your judge can issue a bench warrant, adjourning the hearing to a different day. The bench warrant could lead to the defendant being arrested.
4. What do I do if there is a bench warrant in my name?
If you miss your court date, it’s in your best interest to get in touch with a criminal defence lawyer in Brampton. They will find out whether there is a warrant in your name and advise you on what to do next. You may also try calling the courthouse and asking if a bench warrant has been issued against you.
If possible, go to the court and try to settle the warrant in person. Keep in mind that a bench warrant means you will most likely be arrested and held for a bail hearing.
5. What can you do in situations when you cannot appear in court?
There may be certain situations where you cannot appear in court on the requested date. You should hire counsel to appear on your behalf. They can request that the hearing be rescheduled without a bench warrant being issued in your name. This can be done by way of a document
referred to as a ‘designation’ or they may be able to act as your agent. With an experienced legal professional representing you, you can avoid being arrested.
6. Is it a good idea to surrender to the police?
If you haven’t appeared in court and want to surrender yourself to police, know that you will be arrested and most likely held in custody. Then, you must appear in court and address the reasons why you couldn’t appear in court.
If you do surrender yourself, you won’t have access to any of your personal belongings. So, make sure you write down important phone numbers, including your family, criminal defence lawyer and anyone else you may need to contact while in custody.
Whether or not there’s a bench warrant in your name, it’s imperative to contact a criminal defence lawyer in Brampton if you’ve missed a court date. They can advocate for any warrant against you to be dropped and determine a suitable defence moving forward. If necessary, they will represent you in court and oppose any charges related to failing to appear.