Failing to show up for a
court date when directed by a judge is deemed as a criminal offence, same as
failing to appear for fingerprinting and photographs as directed by the police.
A legal charge may be filed against an individual who’ve committed any of the
above. More information about handling a charge of ‘failing to appear in court’
is shared below.
Am I Guilty of Failing to Appear in Court if I Forgot About
My Court Date?
For someone to be
considered guilty of a ‘failure to appear in court’ charge, the act of not
showing up for a hearing or not showing up for fingerprinting and photographs
must be deliberate. It must be proven as an intentional act committed by the
individual. Forgetting to appear in court will not lead to a conviction if it
can be proven that the action was not done with intent.
Are There Lawful Excuses for Failing to Appear in Court?
Missing out on a court
date may be accepted by a court provided that there was a really good reason
for the act. Lawful reasons include health reasons necessitating a hospital
stay as well as other circumstances that will make it physically impossible for
a person to be in court (such as being in jail for an unrelated charge).
Inexcusable reasons include being hungover, not waking up on time, or attending
another engagement such as a job interview.
What to Do If I Missed My Court Date?
A warrant of arrest will
be issued by the judge if a person failed to appear in court. As for photograph
and fingerprinting, the police will issue a similar warrant. It is best to
contact the court (or the police) as soon as possible with your lawyer’s help
as soon as the mistake has been realized. If nothing is done within 2 to 3
days, the warrant will stay and have to be enforced.
Will Surrendering Help Prevent a Charge?
Surrendering one’s self as soon as possible
together with your lawyer’s explanation is often enough to get charges of
‘failing to appear in court’ dropped as well as for the warrant to be canceled.
Remember that timing and
prompt action is of the essence if you failed to make an appearance in court.
You need a defence lawyer who can present your
reasons in a positive light to avoid a charge and a conviction. Calvin Barry is a Toronto criminal lawyer who can help. Contact Calvin Barry today!
