Failure to Appear in Court: Your Legal Options

Failing to appear in court is a serious offence under Canadian law. When you are charged with a crime or summoned to court for any legal matter, your attendance is not optional—it is a legal obligation. A failure to appear in court can result in additional criminal charges, a warrant for your arrest, and greater difficulty securing favourable outcomes in your underlying case.

Whether your absence was intentional, accidental, or due to circumstances beyond your control, you may now be facing new legal complications. Understanding the consequences of failing to appear, how the law treats this offence, and how a criminal defence lawyer can help you resolve the matter is essential for protecting your rights and your future.

This article provides a detailed overview of failure to appear in court in Canada, including what constitutes an offence, potential penalties, defence strategies, and how legal representation can help mitigate the damage.

What is Failure to Appear in Court?

Under Section 145 of the Criminal Code of Canada, an individual commits an offence if they fail to attend court as required by a summons, appearance notice, release order, or undertaking. This also applies to failing to attend fingerprinting appointments or follow bail conditions.

The law states that anyone who, without lawful excuse, fails to appear in court or comply with a court order may be charged with failure to comply with a court order or failure to appear.

The prosecution must prove that:

• You were required by law to attend court or comply with a condition.
• You were aware of the obligation.
• You failed to comply without a valid legal excuse.

Common Situations That Lead to Failure to Appear Charges

There are many reasons why someone may fail to appear in court, including:

• Forgetting the court date
• Misreading or misunderstanding the appearance notice
• Medical emergencies or illness
• Transportation issues
• Work or childcare conflicts
• Belief that the charges had been withdrawn or resolved
• Fear or anxiety about the legal process

Regardless of the reason, once you fail to appear, a warrant can be issued for your arrest and you may be facing additional charges that complicate your legal situation.

What Happens If You Fail to Appear in Court?

If you miss a scheduled court appearance, several consequences can follow:

• A bench warrant can be issued for your arrest.
• Police may arrest you at any time and take you into custody.
• You may be charged with a new offence under Section 145 of the Criminal Code.
• You may lose the opportunity for bail, especially if you had previously been released on conditions.
• The court may proceed with the case in your absence, depending on the nature of the charges.
• The failure to appear may be used against you in future hearings to argue that you are not trustworthy or reliable.

Even if you have a strong case in your original matter, a failure to appear charge can damage your credibility and make it more difficult to resolve your case favourably.

Penalties for Failure to Appear in Court

Failure to appear is a hybrid offence, meaning the Crown can proceed by summary conviction or by indictment, depending on the circumstances and your criminal history.

If prosecuted as a summary offence, the penalties may include:

• Fines
• Probation
• Up to two years less a day in jail

If prosecuted as an indictable offence, you may face:

• A maximum sentence of up to two years in prison
• A permanent criminal record that can impact employment, travel, and immigration status

These penalties are often imposed in addition to any consequences from the original criminal charge, making failure to appear a significant legal setback.

How a Criminal Defence Lawyer Can Help

If you have been charged with failure to appear in court, a criminal defence lawyer can help you manage and defend against this additional complication. Your lawyer can assess your case and determine whether your failure to appear was justifiable, explain your absence to the court and advocate for leniency, work to have the warrant revoked and charges withdrawn where appropriate, negotiate with the Crown to reinstate your bail or secure your release, and protect your rights and prevent further damage to your legal standing.

Your lawyer may also be able to help you voluntarily turn yourself in, which shows cooperation and can positively influence how the court views your case.

Defences for Failure to Appear Charges

Several defences can be raised depending on the facts of your case:

1. Lawful Excuse
If you had a valid, unavoidable reason for missing court—such as a medical emergency, family crisis, or transportation failure—you may be able to argue that you had a lawful excuse. You will need evidence to support this claim, such as medical records, travel receipts, or witness statements.

2. Lack of Knowledge
The Crown must prove that you were properly informed of your court date and required to attend. If you did not receive your summons, appearance notice, or release order, your lawyer may argue that you were unaware of your obligation.

3. Mistake or Miscommunication
If you misunderstood the date or time of the appearance or believed your attendance was no longer required, your lawyer may use this to seek a withdrawal or reduced penalty.

4. Charter Violations
If your rights were violated during your arrest or detention following your failure to appear, your lawyer may file a Charter application to exclude evidence or challenge the legality of your arrest.

Avoiding a Criminal Record

A criminal conviction for failure to appear can follow you for years. It can impact your job prospects, international travel, and immigration status. In some cases, your lawyer may be able to negotiate a withdrawal of the charge, especially if this was your first offence or if there was no harm caused by your absence. Other alternatives may include diversion programs, peace bonds, or resolving the matter through a guilty plea with a discharge.

Why Choose De Boyrie Law

At De Boyrie Law, we understand how stressful it can be to face additional charges while already dealing with a criminal case. Our legal team is highly experienced in defending clients against failure to appear charges, as well as the original offences that led to court proceedings. We work diligently to protect your rights, resolve the breach efficiently, and minimize the long-term consequences. Whether you missed court due to an emergency or miscommunication, we can build a strong defence and help you regain control of your legal situation.

Schedule a Free Consultation with De Boyrie Law

If you’ve been charged with failure to appear in court, don’t wait. Contact De Boyrie Law today for a free, confidential consultation. We will review your case, explain your legal options, and help you navigate the legal system with confidence.