Failure to Appear
Missing a scheduled court appearance can create serious legal consequences. Depending on the circumstances, you may face a warrant, additional criminal charges, a bail hearing, or other complications in your existing case.
Failure to Appear
At Batish Law, we represent clients facing failure to appear allegations in Brampton, Mississauga, and throughout the Greater Toronto Area. We examine why the court appearance was missed, review the applicable court documents and release conditions, and develop a strategy focused on protecting your rights and minimizing the potential consequences.
If you have missed court or believe a warrant may have been issued, do not ignore the situation. Contact us to discuss your options.
Naveen Batish — Criminal Lawyer
Assisting clients with missed court dates, bench warrants, and section 145 allegations at the A. Grenville and William Davis Courthouse in Brampton and courts across Peel Region.
What Is Failure to Appear?
Failure to appear generally refers to failing to attend court when you are legally required to do so.
Under section 145 of the Criminal Code, failing to attend court without a lawful excuse can constitute a criminal offence in several circumstances. This can include failing to attend court under a release order, failing to attend after previously appearing before a court, or failing to attend as required by an appearance notice or summons.
The legal consequences depend on the circumstances surrounding the missed appearance, the type of order or document requiring attendance, and what happened after the missed date.
At Batish Law, we look beyond the fact that a court date was missed. We examine the circumstances and determine what legal options may be available.
What Happens If You Miss a Court Date?
A missed court date does not necessarily result in the same outcome in every case. The court may:
The Ontario Court of Justice warns that failing to attend court as required can result in a warrant for immediate arrest and that a person may also face a criminal charge for failing to appear.
We recommend addressing a missed court appearance promptly rather than waiting for the situation to resolve on its own.
Failure to Appear Charges Under the Criminal Code
Section 145 of the Criminal Code addresses several forms of failure to attend court.
Failure to Attend Court Under a Release Order
A person who is released under a release order and fails, without a lawful excuse, to attend court as required by that order may commit an offence under section 145(2).
Failure to Attend After a Previous Court Appearance
A person who has previously appeared before a court, judge, or justice and subsequently fails, without a lawful excuse, to attend as required may also face a failure to attend allegation under section 145(2).
Failure to Attend Under an Appearance Notice or Summons
Section 145(3) addresses situations involving an appearance notice or summons where a person fails, without a lawful excuse, to appear or attend court as required.
Because the precise legal provision can depend on how the person was required to attend court, we review the underlying documents and circumstances before determining the appropriate defence strategy.
What Can Cause Someone to Miss Court?
People miss court for many different reasons. A missed appearance does not automatically tell the full story.
Whether a particular circumstance constitutes a lawful excuse is a legal question that depends on the facts and applicable law.
We can assess the circumstances surrounding the missed appearance and advise you on the available options.
What Are the Consequences of Failure to Appear?
The consequences depend on the circumstances of the case.
Arrest Warrant
The court may issue a warrant for your arrest when you fail to attend court as required. The Ontario Court of Justice advises that a warrant for immediate arrest may be issued when an accused does not attend court as required.
Additional Criminal Charge
Failure to attend court without a lawful excuse can itself constitute a criminal offence under applicable provisions of section 145 of the Criminal Code.
Bail Hearing
If you are arrested following a missed court appearance, you may be required to attend a bail hearing.
Complications With Your Existing Case
A missed appearance can complicate your underlying criminal proceedings and may affect how the court approaches your release or future attendance, including risks related to a failure to comply with bail.
Potential Penalties
Certain failure-to-attend offences under section 145 carry a maximum penalty of up to two years imprisonment when prosecuted by indictment, although the actual outcome depends heavily on the specific offence and circumstances.
A maximum penalty is not the same as the sentence a person will receive. The facts, criminal record, circumstances of the missed appearance, and overall case can all be relevant.
What To Do After Missing Court?
Taking prompt, informed action can prevent compounding legal consequences.
1. Find Out What Happened
Determine whether the court issued a warrant, adjourned the matter, or took another step following your absence.
2. Do Not Ignore a Possible Warrant
If a warrant has been issued, continuing to ignore the matter can increase the legal and practical consequences.
3. Speak With a Criminal Lawyer
A lawyer can review the circumstances, court documents, release conditions, and available legal options.
4. Explain Why You Missed Court
The reason for the missed appearance may be important. We will want to understand exactly what happened and when.
5. Address the Underlying Criminal Matter
A failure to appear may be connected to another criminal charge. Resolving the missed appearance should therefore be considered alongside the underlying case.
How We Defend Failure to Appear Charges
At Batish Law, we take a practical and case-specific approach to failure to appear matters.
Reviewing the Court Record
We review the relevant court documents, appearance requirements, release orders, summonses, and other available information.
Examining the Reason for the Missed Appearance
We identify the circumstances that prevented or contributed to the missed appearance and determine whether they may have legal significance.
Assessing Whether a Lawful Excuse Applies
Where appropriate, we assess whether the circumstances may constitute a lawful excuse under the applicable provision of the Criminal Code.
Addressing an Outstanding Warrant
If a warrant has been issued, we assess the appropriate strategy for addressing it and preparing for any required court appearance.
Protecting Your Underlying Case
We consider the failure to appear allegation together with your underlying criminal matter so that the defence strategy addresses the broader legal situation.
Seeking the Best Available Resolution
Depending on the circumstances, we may pursue an outcome that reduces the legal consequences and protects your interests.
Do You Need a Lawyer After Missing Court?
You should consider speaking with a criminal lawyer if:
The Ontario Court of Justice recommends taking steps to address missed appearances rather than assuming the matter will resolve automatically.
We can review your circumstances and explain the next steps available to you.
Frequently Asked Questions About Failure to Appear
Clear answers regarding missed court dates, warrants, and criminal consequences in Ontario.
Speak With a Failure to Appear Lawyer
Missed court? We can help you understand what happens next.
At Batish Law, we provide experienced criminal defence representation for failure to appear matters, other criminal charges, and related proceedings across Brampton, Mississauga, and throughout the GTA.
Contact us for a complimentary 30-minute consultation to discuss your circumstances and legal options.
