Criminal Defence Attorney in Oakville Guide you of Legal Consequences on Failing to Appear in Court
Failing to appear in court without a lawful excuse is a criminal offence in Canada that may result in arrest or imprisonment. So irrespective of the reason, the accused have to appear in court and he needs to take this matter seriously. No matter whether the person is having traffic violation charges or any criminal charges, he/she needs to take it seriously.
The failure to appear in count in Oakville will make things more difficult for the accused because it will not only make it difficult to prove his/her case but will also lead to additional criminal charges. As a result, the accused can be arrested and sentenced to up to 2 years in prison. Thus, if anyone is facing a similar problem, then that person can consult with the top criminal defence attorney in Oakville to seek expert legal guidance and assistance for moving ahead with the court procedures.
Meaning of Failing to Appear in Court
According to section 145 of the Criminal Code of Canada, failing to appear in court is an offence that may happen if:
- The accused is required to submit a fingerprint but he/she does not comply and even failed to give a lawful reason for not appearing in court, or
- The accused failed to attend court without a lawful excuse
What is a Lawful Excuse?
On failing to appear on the court date, the accused need to provide good reasons for their absence to avoid additional criminal charges. A court hearing procedure requires the presence of the accused, the judge, and the clerk. Hence accused failure to attend the court is considered a disrespectful gesture by the judges.
Thus, the accused can’t get away from appearing in court by making excuses like not feeling well, doing office work, or facing family problems, as these excuses are not accepted. However, serious problems like hospitalization may be considered by the judge.
What Happens If You Fail to Appear in Court in Oakville?
If a defendant fails to show up or appear in court in Oakville, then the judge will issue a bench warrant that will lead to the defendant’s arrest, or the judge can issue a discretionary bench warrant and adjourn the hearing to another day. In case of a discretionary bench warrant the defendant will not be arrested the first time he/she fails to appear on the scheduled court date but will be arrested if it happens again.
Thus, in case of a bench warrant against him/her, the defendant should immediately consult a criminal defence attorney in Oakville who can help them to get the warrant cancelled or rescinded.
What to do in case of a Bench Warrant?
In case of a bench warrant, it is in the best interest of the defendant to seek the expert legal assistance of a criminal defence attorney in Oakville. The criminal defence attorney will determine whether there is a bench warrant issued or not and can even advise the next action for the defendant.
The defendant can also call the courthouse to know if the bench warrant has been issued against him or not. The defendant should remember that a bench warrant means that the person is likely to be arrested and held for a bail hearing.
Handle the Situation Legally on Failing to Appear in Court
There might be a situation when appearing in court on the requested date may not be possible for a person. In such circumstances, one should hire counsel to appear on his/her behalf and request for the hearing to be rescheduled without issuing a bench warrant against that person.
This can be done with the help of a document called designation so that the hired counsel can act as an agent of that person. With an experienced criminal defence attorney assisting and representing, the person can avoid being arrested.
Is it Wise to surrender to the Police?
If a person fails to appear in court and wishes to surrender to the police, then he/she must remember that he/she will be arrested and is likely to be held in custody. Then, the person will have to appear in court and need to give the reason behind his/her absence in court.
On surrendering, the person will have access to any personal belongings so he/she should note important phone numbers of people whom he/she may need to contact while being in custody.
On failing to appear in court, the person should consult the best criminal defence attorney in Oakville, irrespective of whether a bench warrant is issued or not. The proficient and competent criminal defence attorney in Oakville will advocate for any warrant against the person and will plan an ideal defence for moving ahead. The attorney will represent the defendant in court and will oppose any charges related to failing to appear in court.