If you miss your court date in a criminal proceeding in Brampton, you may experience significant negative repercussions.
Perhaps you made an error in recording the date, misinterpreted whether your appearance would be in person or virtual, experienced an unforeseen crisis (e.g., medical emergency), transportation problem, etc. that did not enable you to attend your court appearance.
Regardless of the cause, neglecting to attend your missed court date typically makes things worse.
If you were expected to attend a court proceeding in Brampton and neglected to do so, the court may grant an arrest warrant for you. Additionally, depending on your circumstances, you may also be subject to an additional charge for failure to attend court.
It is critical that you understand what transpired in court and address the missed court date as promptly as feasible.
What Can Happen If I Miss My Court Date?
If you have been charged with a crime, you may receive an appearance notice, summons, undertaking, release order or some other document indicating that you are required to attend court on a specific date.
Additionally, once you have attended a hearing before a judge or justice of the peace, you may be required to return to court at a later date.
Court dates are important.
According to the Ontario Court of Justice, if you fail to attend court as directed by a judge or justice of the peace, a warrant for your arrest may be issued. Additionally, you may be charged with failure to appear and possibly detained pending a bail hearing.
Specifically, the consequences of missing your court date will depend on various factors, including:
- the type of court appearance you missed
- the reasons you failed to attend
- whether you were obliged to appear in person
- whether counsel appeared on your behalf
- whether you were on a release order
- the decision rendered by the judge or justice of the peace regarding your case when it was called
Therefore, a missed appearance should never be assumed to automatically postpone your case.
Will I Be Arrested Because I Missed My Court Date in Brampton?
Yes.
Upon failing to attend a criminal court proceeding, a judge or justice of the peace may issue a bench warrant.
A bench warrant grants authority to police to arrest the individual who failed to appear.
Courts in Ontario also recognize what is commonly referred to as a bench warrant with discretion.
Unlike regular bench warrants, which authorize police to arrest the accused once the warrant has been issued, bench warrants with discretion cannot be executed by police prior to a specified date.
Depending on the case and circumstances, this type of warrant may afford the accused person an opportunity to appear before the court prior to the warrant becoming executable.
If the accused attends as required and surrenders to the court, the warrant can then be cancelled.
You should not assume that you received a bench warrant with discretion.
In your case, an immediate warrant may have been ordered by the judge or justice of the peace.
If you learn that you missed your court date, determining what took place when your matter was called is essential.
Is Missing My Court Date Going to Result in Me Getting Charged Again?
Yes.
Under section 145 of the Criminal Code, multiple offences exist related to failure to attend court.
As examples:
a) If you are at large pursuant to a release order and, without lawful excuse, fail to attend court as required by that order, you could potentially be charged under section 145.
b) As well as applying in situations where someone has already attended before the court and fails to return as directed by that court, section 145 can also apply to persons who fail to attend as directed by an appearance notice or summons.
c) These offences can be prosecuted either by indictment or by summary conviction.
Where prosecuted by indictment, certain failure-to-attend offences under section 145 are punishable by up to two years’ imprisonment.
This means that missing a court date can also result in creating an additional charge against you above and beyond the original offence that resulted in your attendance at court.
My Reason for Missing My Court Date Is Good – Doesn’t That Count?
The term “without lawful excuse” is used in reference to failing to attend court within the Criminal Code.
Your reason for missing court can therefore become important.
Examples of circumstances involving legitimate emergencies (medical emergency, etc.) versus situations outside of your control versus those where you simply chose not to attend are all different.
That said, having an explanation does not necessarily fix the problem.
Documentation providing evidence for your reason for missing your court date may become relevant. Depending on the circumstances (i.e., emergency), documentation like medical records, emergency service records, vehicle breakdown reports, etc., explaining why you were unable to attend may become relevant.
A criminal defence lawyer can evaluate your unique circumstances and provide guidance on how best to handle your missed court date.
What Should I Do If I Realize I Missed My Court Date?
Do not delay until contacted by police.
Firstly, it is recommended that you identify what occurred when your case was called and whether a warrant has been issued.
Ontario courts offer an online Criminal Case Search Tool with respect to adult criminal cases. Depending on the case, this tool can display information such as courthouse location(s), next hearing date(s) and appearance type(s). Furthermore, in some cases, this tool may indicate if there is a bench warrant for one of these cases.
Alternatively, you can call the courthouse where your matter is currently being heard.
Brampton is serviced by the A. Grenville and William Davis Courthouse located at 7755 Hurontario St., Brampton. The phone number for the criminal court clerk’s office is (905) 456-4700.
Contact your criminal defence lawyer immediately if you have a lawyer representing you. Your lawyer can establish what occurred when your case was called and inform you of your options moving forward.
Can I Just Go to the Courthouse After Realizing I Missed My Court Date?
You should seek legal advice before making decisions based on your outstanding warrant.
If an immediate warrant has been issued by the judge or justice of the peace, presenting yourself at the courthouse without being aware of your situation may result in your arrest.
Depending on what was ordered by the court, the underlying charges and/or your release status, your options will vary accordingly.
In some instances, a lawyer may be able to negotiate an arrangement allowing for your matter to be resolved through the proper channels. However, in other cases, the accused may be required to present themselves at court.
To minimize potential risk, seeking legal advice before doing anything is advisable.
Disclaimer: Information provided on this blog is for general informational purposes only, it does not constitute legal advice. If you are seeking legal representation, contact Manbir Nirwal for a free consultation. We’re here to help.
