What Happens if You Fail to Appear in Court

 Table of Contents:

Every time you have to show up in court for a hearing, for example, when you have a family matter, traffic violation charges, or criminal charges, you should take it very seriously. The failure to appear in court in Canada not only makes it more difficult to prove your case but also leads to additional criminal charges. As a consequence, you can be arrested and might be sentenced up to 2 years in prison.

Those who cannot show up in court or might have already missed their court date need to speak to an experienced lawyer as soon as possible to choose the best defence strategy. Here is a general overview of what will happen if you fail to appear in court and what you can do to manage the consequences.

What Happens if You Fail to Appear in Court in Ontario?

In a general case, if you fail to appear in court in Ontario and elsewhere in Canada, there will be two possible scenarios. The judge will either order a bench warrant, which will lead to your arrest or will issue a discretionary bench warrant, adjourning the hearing to another day. In the latter case, you will not be detained the first time you fail to show up at your scheduled court date but will be arrested if it happens again.

In any case, you will need to know if there is a bench warrant against you. The best option is to speak to the lawyers and ask them to help you find it out and have the warrant cancelled or rescinded.

Another strategy would be to call the courthouse directly, speak to the clerk and try to cancel the warrant. You may also choose to go to court and try to settle this issue in person. However, in the latter case, there is a high chance that you will be arrested at the courthouse and held in custody for a bail hearing.

Failure to Appear in Family Court

Hearings in the Family Court are never easy, and failure to show up in the courtroom at the specified date only makes things worse. It is barely possible to win the case in your absence, and it will be even harder to challenge the decision of the court in this situation.

Judges have several options in case you don’t go for a hearing on a family matter. They can dismiss the proceedings, strike the claim, make an interim or final order, and even start contempt proceedings. Finally, a failure to appear in the Family Court may also render you liable to arrest and imprisonment.

Failure to Appear in Traffic Court

When you get a traffic ticket in Canada with a specified penalty amount, you have two options. You can either pay the penalty before the court date or go the court for a hearing.

Paying the fine is equivalent to pleading guilty, which relieves you of the necessity to show up at the court date. Meanwhile, if you choose not to pay and fail to appear, the judge can issue a warrant for your arrest.

Failure to Appear in Court for Criminal Charges

If you fail to attend court for criminal charges, it can be one of the worst scenarios. It will not only lead to arrest but also will make it harder to be released on bail. Instead, those who face criminal charges in Canada and are absolutely unable to appear on the court date should consider an opportunity to ask for an adjourned hearing to avoid liability.

Those interested in adjourning their criminal case should speak to experienced criminal lawyers in Toronto first to find if their case is tried summarily or by indictment. In the former case, there are good chances that the court may grant such a request and postpone the hearing for a later date. Meanwhile, adjourning the hearing for an indictable offence is much more complicated and not always advisable.

Lawful Excuse for Failure to Attend Court or Appear

Those who have missed their court date should have very good reasons for that to avoid criminal charges for failing to appear. Any court hearing takes not only your time but also the time of the judge, the clerk and the resources of the court system. For this reason, judges view failure to attend very seriously and consider it disrespectful toward the court.

Thus, an excuse for failure to show up at the court date for such reasons as, for example, common cold, school, work, or family situation would not be accepted. The only lawful excuses for failure to appear, which could be considered by the judge, include confirmed hospitalization or arrest.

What to Do if You Cannot Appear in Court?

There are various life situations when you can fail to show up at the court date. The good news is that, in some cases, you can send someone to the court to act for you or have the hearing rescheduled for a later date without getting a bench warrant.

Although you can ask a family member or a friend to act as your agent in a summary trial case, it is not the best solution. You will need to involve an experienced criminal lawyer to ensure professional legal representation and help you avoid arrest in case you fail to attend.

What Will Happen If You Have Already Missed Your Court Date?

If you failed to appear on your court date, in most situations, you would have a bench warrant directing police to arrest you. The police will either pick you up and make an arrest or detain you when you turn in to the station. You can find whether there is a bench warrant against you by calling the court or by asking your lawyer to do it for you.

If the court has already issued a bench warrant, you should arrange for turning yourself in to police. It is better to turn in yourself than wait until the police pick you up.

When you arrange to turn yourself in on the warrant, it is advisable to write down important phone numbers because your cell phone can be taken. It is also recommended to avoid bringing personal property that you are not prepared to leave with the police. You can ask someone to give you a ride to the station instead of taking your car to avoid arranging its pickup if you are not released.

Ask for Immediate Legal Assistance

If you failed to appear in court in Canada or got a bench warrant, you need to get in touch with a lawyer immediately. Contact Vilkhov Law in Toronto at 647-977-5852 or send us your details using the contact form, and our criminal defence team will be there to assist you.

If you need legal support, contact Vilkhov Law for a free consultation:

Criminal Lawyer in Toronto
Criminal Lawyer in Etobicoke
Criminal Lawyer in Scarborough
Criminal Lawyer in Newmarket
Criminal Lawyer in Brampton
Criminal Lawyer in Mississauga

By |2024-04-04T13:52:24+00:00March 25th, 2024|Criminal Defence|

4.9/5 - (18 votes)

Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Excellent5.0 Based on 141 reviews fromDennis ParkDennis Park ★★★★★ Igor is an absolute fantastic lawyer and I would highly recommend. I was facing some serious charges and Igor not only got all my charges withdrawn, he was very caring and informative through out the whole process. I owe him very dearly for getting me a second chance at life.Jodi HixonJodi Hixon ★★★★★ My name is Gary Hixon I've had Igor as my lawyer, and he did nothing but worked on my case and he got me worried at first , but because of COVID the first time I actually met him was when he hit my case out of the ball park. He's a great man I recommend him too all. Thank you Igor.Big DOWNEYYYBig DOWNEYYY ★★★★★ Greatness!!!! Mr.Igor Vilkhov and his team did a tremendous job on my stabbing case! He saved my life today I was facing years in the penitentiary for assault and he literally got it reduced to 2 years house arrest. He was an absolute pleasure to work with has a great attitude & I highly recommend him to everyone looking for a defense lawyer. He is definitely one of the TOP LAWYERS in Toronto! Thank you so muchTristan SmithTristan Smith ★★★★★ Igor has been a tremendous help and has saved my life, not just metaphorically. I can't think of a better and more competent person (and team) to have behind you! I just walked out of the courthouse acquitted after trial. I was facing five years in jail. Thank you so much.Zabi AkbariZabi Akbari ★★★★★ Mr. Vilkhov represented me in a trial today and I was found not guilty. I am a professional and this caused a lot of emotional turmoil for me. Igor was amazing during the trial, he absolutely nailed it. Thank you for getting my life back.MARK SINGHMARK SINGH ★★★★★ Igor Vilkov, was the calm in a storm that I thought would never pass. Mr Vilkov always made sure to answer all my questions a concerns . When incarcerated Mr Vilkov always kept in touch with my family . Without his expertise I would have never received such a favourable sentence . He was able to get me a non costodaial sentence for 3 serious charges that could have had me locked up for 2 years or more . Mr Vilkov truly cares about his client's a there family and not just about fees . I would recommend Mr Vilkov to anyone who has been charged he is a true professional.Thompson RanjitsinghThompson Ranjitsingh ★★★★★ Very great SA lawyer very reliable .he will do a very good job in getting you acquitted. Thanks a million igorJoshua RJoshua R ★★★★★ Best lawyer out there thank you for fighting my caseLydia RanjitsinghLydia Ranjitsingh ★★★★★ He's a very good lawyers, he got my son charges drop.Thank youthompson “Aaliyah R.” ranjitsinghthompson “Aaliyah R.” ranjitsingh ★★★★★ KK ★★★★★ So thankful that he got the job done and with reasonable pricing, he was so helpful and respectful throughout the whole process. 5 stars well earned.Sami Life Style (SamSam)Sami Life Style (SamSam) ★★★★★ I was facing very serious charges and was represented by Mr. Prajs. Mr. Prajs and the whole team at Vilkhov law vigorously defended me at trial and my charges were withdrawn. I can recommend Mr. Prajs and the whole Vilkhov team to anyone facing serious allegations.Ysabel AtienzaYsabel Atienza ★★★★★ Igor displays a level of professionalism, knowledge and dedication that puts his clients at ease during a very stressful time. His expertise in criminal law is unparalleled. What sets him apart is his unwavering commitment to his clients. He genuinely cares about his clients’ well-being and will go above and beyond for you!Kevin DKevin D ★★★★★ Igor is a great lawyer and has provided valuable guidance throughout my experience with him. He has always been honest and straightforward which I appreciate very much. I would recommend him to anyone looking for a successful outcome.Narmatha SNarmatha S ★★★★★ Igor is a dedicated and intelligent lawyer, known for his commitment to his clients.I've witnessed firsthand his incredible work ethic and professionalism, which sets a high standard in the legal field. His ability to meticulously research cases and articulate arguments convincingly is truly impressive!Fred BalmerFred Balmer ★★★★★ Experience with Vilkhov Law was great, Igor made all my charges get dropped without any issues. I would highly recommend this firm to everyoneDavinder GillDavinder Gill ★★★★★ Ecem KokEcem Kok ★★★★★ My experience with Vilkhov Law was nothing short of exceptional. Facing a daunting legal battle, looking at significant jail time and scared, I sought Igor Vilkhov's expertise based on his stellar reputation in criminal law. From the initial consultation to the trial, every step was handled with precision and care. His deep knowledge of the law and strategic approach gave me confidence throughout.In a pivotal moment during my case, Igor Vilkhov's dedication and expertise truly shone through, resulting in a favorable outcome that exceeded my expectations. His communication was clear and timely, keeping me informed and reassured at every turn.I am immensely grateful to Igor Vilkhov and the entire team at Vilkhov Law for his unwavering support and tireless effort. His professionalism and commitment are second to none. If you find yourself in need of expert legal representation, look no further than Vilkhov Law. He is simply the best.Rhea OXXORhea OXXO ★★★★★ Jessie TeixeiraJessie Teixeira ★★★★★ I would like to thank Igor Vilkhov and his dedicated team for their professional assistance in dealing with my matter. I could not be happier about the way my matter was handled and am very satisfied with the result.Annabella FusaroAnnabella Fusaro ★★★★★ Igor Vilkhov was an amazing Lawyer. I met him through one of his colleagues and one thing I can say he fights for your rights and he doesn’t amazing job. He was so patient and kind with me. I’m very grateful for the outcome of my case. May god bless Igor And the amazing work he does.AnnabellaXuan LinXuan Lin ★★★★★ Hello my name is Leon I got charged with SA in 2021 in relation to a young complainant. I have been looking about 10 lawyer all of then is bad and lie all they care is money never help my case .Until I meet Igor I told him what happened he told me no worry he will try his best for help me . And this year May I won the case I just can't believe it Igor is best lawyer he is legendary . Guy you should believe in Igor he is really good. His preparation was meticulous and was acquitted. He saved my life.ChrisChris ★★★★★ The Best Lawyer In my opinion. A legal Tactician in the modern day criminal justice court systems. Very professional service. Great Techniques and Extremely knowledgable and Highly talented and recommended team.I’m 37 old Newfoundlander who is not well spoken but this was an easy to write.Nikolai Wheeler-BalazevNikolai Wheeler-Balazev ★★★★★ I want to start off this review by thanking Mr.Vilkhov for handling my case, Igor got my case resolved in a timely manor, i had previously been going to court for my case for about a year, and when i had gotten Mr.Vilkhov as my lawyer he had my case resolved and all my charges withdrawn in a matter of days. If anybody is looking for a lawyer i would urge you to go with Mr.Vilkhov, he knows what he is doing and knows how to do it quickly.Shannan HarrisonShannan Harrison ★★★★★ Mr. Vilkhov is an outstanding lawyer, I just avoided a lengthy jail sentence because of him. I literally cannot believe what he was able to do for me. The judge in court praised him for his work, thank you so much.js_loader

CONTACT US

“Caring, honest, and highly knowledgeable.”

Contact Igor for a Free Consultation!

Please contact us online for a free consultation.
Go to Top