Important Things to Know About Failing to Appear in Court in Ontario

 Whether a court appearance is required for a minor matter like a traffic violation or a family matter, it should be taken seriously. Along with facing additional charges, it can also make it difficult to prove your case. In severe cases, you can be arrested and sentenced to prison for up to two years.

If you or someone you know has failed to appear in court, it is imperative to speak to an experienced criminal defence lawyer in Brampton as soon as possible. They are your best bet to pick the right defence strategy and get the best possible outcome.

To help you make an informed decision, here are some things you should know about failing to appear in court.

What Happens When You Do Not Appear in Court?

Keep reading to understand what to do if you fail to attend court when required.

What happens if I fail to appear in court?

When an individual fails to appear in court, the Justice of Peace or judge issues a bench warrant for their arrest. The case is adjourned to another day, on which the individual must attend court. You may be arrested and charged with failing to appear in court in the interim.

What should you do when you know you cannot appear in court?

There may be times or situations that prevent you from showing up to court on the date you are scheduled to. Fortunately, in such instances, individuals who are set to appear can send someone to act on their behalf. Or, you can request to have the hearing rescheduled to a later date to prevent a bench warrant from being issued in your name.

While you can ask a friend or a family member to act as your agent in a summary trial case, it is best to avoid doing so. A professional criminal defence lawyer in Brampton gives you a better chance of receiving the right legal representation in such instances. They will also help you avoid an arrest in case you are unable to attend court due to unforeseeable circumstances.

What is the difference between a bench warrant and a discretionary bench warrant?

Bench warrants are issued by judges when someone fails to appear in court on the scheduled date for their trial or hearing. This gives police the power to arrest the individual and charge them for failing to attend. They can hold the accused in custody until they need to appear in court again.

Moreover, law enforcement can make the arrest anywhere and at any time. For instance, they can take the individual into custody when they are at their house, office, or even at a traffic stop. Once they are brought into court, the judge will explain the reason behind issuing the bench warrant.

On the other hand, the court may also issue a discretionary bench warrant wherein the matter is adjourned to a later date. When the individual appears in court at the rescheduled date, the warrant is cancelled. However, when someone fails to appear at the rescheduled date, it will lead to a bench warrant and the arrest of the accused.

What should you do if you miss your court date?

Going to court isn’t something anyone looks forward to. However, if you have been summoned, it’s best not to ignore it. When you fail to appear, the consequences are severe.

Whether or not it is a mistake, it is in your best interest to get in touch with an experienced criminal defence lawyer in Brampton. They will be able to appear on your behalf and explain the reason. OOn missing the date, you should also explain to your lawyer the reason why you failed to appear. If your lawyer can explain to the judge why your court date was missed, the judge may withdraw the warrant. Here are some other important things to know about not showing up to court.

When you fail to appear in court, you risk serious consequences, including criminal charges, arrest, and possible jail time. Remember that time is of the essence when facing serious criminal charges or a bench warrant. If you have missed appearing at court, it is imperative to contact an experienced criminal defence lawyer in Brampton. They will know how to approach the charges and will handle your case in a competent and professional manner.