Failing to appear is an offence under section 145 of the Criminal Code, committed when a person who is required to attend Court does not do so without lawful excuse. A missed appearance can lead to a bench warrant, a new criminal charge and a reverse onus at any later bail hearing. Because it is usually laid on top of an existing case, it can affect both the new charge and the original allegation.

Fail to Appear

Missing a scheduled Court date can turn a manageable criminal matter into a far more serious one. When a person is released on a promise to attend Court, that promise carries legal weight, and failing to keep it can lead to a new criminal charge, a warrant for arrest and a much harder path to bail. A Fail to Appear charge is often laid on top of the original allegation, meaning a person already dealing with one case may suddenly face two.

John Erickson is an established criminal defence lawyer and former Crown Prosecutor who has practised in Toronto since 1997. At Erickson Law, we represent people throughout Toronto, the GTA and southern Ontario who have missed a Court date, have an outstanding warrant or have been charged after a missed appearance. We offer a free consultation so you can learn where you stand and what options may be available before the situation becomes more difficult.

Missed Court Dates and Why They Matter

Most people who are charged with a criminal offence are released from custody while their case moves through the system. That release usually comes with a document setting out when and where the person must attend Court. It may be paperwork issued by police at the time of the arrest or investigation, or it may come from a bail hearing before a Justice of the Peace or judge. Whatever form it takes, the obligation to attend is a central condition of being allowed to remain in the community.

When a person does not attend as required, the Court treats it seriously because the justice system depends on accused persons showing up for their matters. People miss Court dates for many reasons, and very few involve a deliberate attempt to avoid the process. Common situations we see include:

• Confusion about the date, time or courtroom location
• A sudden illness, injury or medical emergency
• Work, childcare or family obligations that could not be rearranged
• Not being told about an adjournment or a change to the schedule
• Misplaced paperwork or incorrect information passed along by others

None of these reasons automatically prevents a charge, but each one may be relevant to how the matter is handled. The law recognizes that a person may have a lawful excuse for not attending, and the Crown must prove the person knew about the obligation and failed to meet it. These details often shape the direction of a case, which is why we carefully review what happened and why as one of the first steps.

In some circumstances, police and the Crown also have discretion to address a missed appearance without laying a new charge, for example by bringing the matter back before the Court to review the existing release. Whether that kind of approach is available depends on the facts, and early involvement from defence counsel can help put the relevant circumstances in front of the Crown at the right time.

Consequences of a Fail to Appear Charge and How We Help

The most immediate consequence of a missed appearance is usually a warrant. When an accused person does not attend, the presiding judge may issue a warrant for their arrest, commonly known as a bench warrant. That warrant stays in effect until it is dealt with, and it can surface at any time. A routine traffic stop, a border crossing or any other contact with police can lead to an unexpected arrest, sometimes weeks or months after the missed date.

A conviction for a fail to appear offence can also create a criminal record separate from the original charge. Beyond the penalty itself, the charge can affect the rest of the case in several ways. Some of the most common effects include:

• A reverse onus at a later bail hearing, where the accused must show why release is appropriate
• Stricter release conditions or a larger surety requirement
• Greater concern from the Crown about future attendance
• Fewer options for a favourable resolution on the original charge
• Employment, immigration and travel concerns linked to a record

Bail is often where the impact is felt most. In most cases, the Crown must show cause why an accused should be held, but a history of missed Court dates can shift that burden onto the accused and give the Crown a strong argument that the person may not attend future hearings. Because trials can take many months to reach a hearing, the outcome of a bail hearing can determine whether a person spends that time at home or in custody.

Our approach starts with a detailed review of the release paperwork and the Court record. We look at whether the obligation was clearly set out, whether the person was properly informed of any change, and whether the circumstances support a lawful excuse. Supporting documents such as medical records, employer letters or travel information can be valuable, and we work with clients to gather what is needed.

Where a warrant is outstanding, the safest course is usually to address it on your own terms rather than waiting to be arrested. We can help arrange a planned attendance, prepare for a possible bail hearing and organize a proposed release plan or surety in advance when one may be required. Attending with counsel and a plan in place often makes a much better impression on the Court than an arrest at an inconvenient moment.

In many matters, a defence lawyer can appear on the client’s behalf for certain routine dates, and we track upcoming appearances so clients know exactly when they must attend. Because a missed appearance is usually connected to another case, we defend both matters together and look for a resolution that makes sense for the whole file, whether the original charge involves assault, theft, drugs, impaired driving or another criminal offence.

Why Choose Erickson Law for Your Defence

Choosing the right lawyer after a missed Court date can make a meaningful difference in how the rest of your case unfolds. At Erickson Law, we combine courtroom experience with a practical, client-focused approach.

• Affordable representation. John Erickson is a senior criminal lawyer with extensive resources and experience, and we offer our services through a block-fee structure rather than open-ended hourly billing. Payment plans are available, and the first consultation is free.
• Commitment to client care. A missed Court date can be stressful and confusing. We take the time to answer your questions, explain each step clearly and handle your matter with dedication and discretion.
• Experience at all levels of the system. With years as a Crown Prosecutor and decades as defence counsel, John Erickson has appeared at all levels of Court in Ontario and knows how the Crown approaches administration of justice charges and bail.

Our firm also maintains a professional network of experts who can assist with related issues such as counselling or family law concerns that sometimes arise alongside criminal charges. This allows us to view your situation as a whole, rather than focusing on one Court date in isolation.

Frequently Asked Questions

A Fail to Appear charge should never be treated as a minor paperwork issue. It can affect your liberty, your ability to obtain bail and the outcome of the case you were already facing. Acting quickly gives us the best opportunity to review what happened, gather evidence of any lawful excuse, address an outstanding warrant in a controlled way and protect your position going forward. While every case depends on its own facts, early advice almost always leaves you with more options.

If you or a family member has missed a Court date or been charged after doing so, contact Erickson Law at (416) 363-3612 to book a free consultation with John Erickson. We will clearly explain your options, discuss our approach, and help you take the next step with confidence.