Your Failure to Appear Lawyer Serving Brampton
Nirwal Law, located in Brampton and led by criminal defence lawyer Manbir Nirwal, focuses exclusively on safeguarding your rights and protecting your future. Knowing the stakes are high, Manbir brings extensive courtroom experience and a results-driven approach to your case.
Manbir takes a strategic and a personalized approach to every case. Whether the charge is minor or serious, Manbir is committed to achieving the best possible outcome for you. Your defence begins here!
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Criminal Defence Lawyers
Results Driven Failure to Remain Defence Lawyers
When you read your release paperwork and feel sick to your stomach when you realize that you missed your court date. Regardless of whether you were supposed to make a court appearance or complete mandatory fingerprinting, the feeling of missing court is one of panic. Panic will not fix it.
Missed court is more than just an administrative error – missed court is a separate offence under Section 145 of the Criminal Code. On top of whatever brought you into the justice system in the first place, you are now facing a new criminal charge for fail to appear.
Warrant for fail to Appear Charge
Once the court clerk calls your name and you don’t stand up, the Crown prosecutor will usually ask the judge to issue a Bench Warrant for your arrest.
In some cases, if you have already retained a lawyer who is listed as counsel on file for you, the judge may issue a “warrant with discretion”. While this means that the judge has lawfully issued a warrant, he/she holds back from making it go live in the police data base until your lawyer locates you and brings you back to court. If you are unrepresented however, that warrant goes live immediately.
Generally speaking, the police will not conduct a man hunt for someone who has missed a court date. Instead, that warrant sits there like a land mine. six months from now, you may get pulled over for a rolling stop. When the officer runs your license and sees there’s an active warrant out for your arrest he/she will put hand cuffs on you and tow your vehicle. As a result, you’ll spend the weekend in a holding cell because of a simple traffic infraction.
The bail risk for fail to appear charges
While a Failure to appear charges carries significant penalties (fines, probation), the biggest risk associated with failing to appear is how it harms your credibility with the court. The justice system allowed you to be released based on an agreement that you would attend. When you miss that appointment, you’ve broken that bond of trust.
After being arrested on the warrant, you will find yourself in a reverse onus situation. Normally, the Crown bears the burden of proof to justify why you shouldn’t be granted bail. Now, the burden shifts to us; we have to demonstrate to the judge why you should be granted bail again. This complicates your fight against your original charges because you may be forced to defend them from inside a detention center.
How We Defend you for fail to appear charges
Don’t hide – no matter what. Bench warrants never expire. Don’t walk into a police station alone hoping to talk your way out of being arrested by saying you simply mixed up the dates. Scheduling errors do not make valid legal defences.
Each case hinges on the facts. Was there a legitimate reason documented by medical professionals (e.g. Hospitalization) why you could not appear? Did something bad happen (e.g. Auto accident)? Did the police incorrectly serve the summons at the wrong location? We examine all relevant evidence to determine if you had a reasonable excuse.
If you missed your court date, we want to develop a strategy to shape public opinion. One common tactic is negotiating a controlled surrender. We contact the police department, and work out terms for your surrender. Then we arrange for you to turn yourself in to the police at your earliest convenience (i.e., on a weekday morning). Have an criminal defence lawyer establish a good bail package prior to your surrender so that once you are taken into custody, you are able to post bail immediately rather than having to spend unnecessary time incarcerated while waiting for a hearing. Take back control. Let us get ahead of the warrant before the police find you on their terms.
Why Clients Choose Manbir
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Manbir Nirwal
Manbir Nirwal
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
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