When a person is arrested, they can be held in custody, or released into the community after signing a Promise to Appear. A Promise to Appear is a legally binding document that will list a court date that they must attend. Attending one’s court date is a serious matter that can affect later judgments related to one’s case. Once a court date is missed, a warrant may be issued for a person’s arrest, and they may be charged with Failing to Attend Court. It can also affect your ability to gain bail.

When happens if I miss court for the first time?

When you miss your first court date, there are a few possibilities available to the court.

1.   Adjourn the matter to a later date.
2.   Note accused person’s lack of attendance and adjourn for a later date: the notation will be read by the court at that later date, and taken into consideration.
3.   Issue a bench warrant for the person’s arrest, but not release it to police until the person has the opportunity to cancel the warrant. This is called a discretionary bench warrant. It gives the person one chance to appear at the later date and avoid being arrested and charged with Failing to Attend Court. The warrant will be cancelled if they appear at their next court date.
4.   Issue a bench warrant for the person’s arrest and charge them with Failing to Attend Court. The warrant is released to the police who will then execute the warrant and arrest the person.

A charge for Failing to Attend Court is quite serious, and can lead to additional jail time. It can also affect your ability to get bail when you do appear in court. There may be a higher cost associated with gaining bail, or you may need a surety. You may not even be granted bail. Navigating the legal system is much more difficult when you are held in custody as opposed to being free in your community.

 What if I need to miss my court date for a good reason?

Let the court know. You cannot just choose to not show up. Tell the lawyer so that they can represent you if you are unable to appear, as sometimes they can handle the more routine appearances. The lawyer can advise you on when you should be appearing and when it is possible to not attend court. The more important appearances would be for setting a date for trial, entering a plea, or the day of your trial. The important thing is to always ensure that your lack of appearance is communicated with the court.

If you have an emergency or obligation that cannot be changed for an important court appearance, you must have documentation to back it up, such as a doctor’s note for a medical appointment.

If you do not have a lawyer, communicate your inability to attend to the Duty Counsel who will be able to communicate it with the court.

 What happens when I miss court the second time?

 The court will issue a warrant for your arrest and you will be charged with Failing to Appear.

You have a couple options when the warrant is issued. You can attempt to have the warrant revoked or cancelled, or you can turn yourself in. If only a short period of time has passed, you may have an opportunity to get the warrant cancelled, as long as you are able to provide a lawful excuse. Lawful excuses include the death of a family member or illness. Gather documentation to back up your excuse.

 What should I do after the fact?

If you find out that you have missed a court date, contact a lawyer. They can call the courthouse and talk to the clerk. They can also find out if there is a bench warrant or a discretionary warrant for your arrest. If not, they will find out your next scheduled court date and you must make certain you can attend. Bring any documentation you have to back up your excuse for not attending.

If there is a warrant, the lawyer can see if you will be able to get it revoked or cancelled. They can advise you of the next best steps, and whether or not you will be able to get the warrant cancelled.

If not, prepare to turn yourself in. It is difficult to be able to prepare for your next court dates and bail release from inside jail. Write down important phone numbers, especially of people who would be able to act as a surety for you at your bail hearing.

Make sure that you attend your court dates and communicate with the court when you have a good excuse for not attending. Not showing up for your court dates will only hinder your ability to navigate through the legal system and make your situation more difficult in the long run.

References:

Criminal code: https://laws-lois.justice.gc.ca/eng/acts/C-46/section-145.html

I missed my court date. What happens now?

Drug charges are very serious. While many people believe that possessing a small amount of an illegal substance or recreational usage of illegal substances won’t do any harm, they are greatly mistaken.  When someone is convicted of a criminal offence under the Controlled Drugs and Substances Act (CDSA), it can have significant consequences on their lives in many ways from social stigma, to travel and employment.

The most significant way their lives can be affected is not being able to obtain employment. Most, if not all jobs require background checks and require a clean record to be maintained.  Therefore, a conviction such as drug trafficking will jeopardize their ability to get or maintain a job, and could destroy their careers.  There may also be consequences for international travel.  While drug trafficking offences should not affect domestic travel, every country has its own laws and eligibility criteria for entry.

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Which substances are listed in the CDSA?

The CDSA lists a variety of illegal substances including opium, heroin, cocaine morphine, Marijuana, methadone, “magic mushrooms” and more.  These substances are completely banned in Canada.  Possession of these substances in any amount is illegal.

Not all Drug Offenses are Considered Equal

There are different levels of drug-related offences under the CDSA.  The courts generally distinguish between the levels based on their seriousness.

1. Simple Possession
2. Possession for the Purpose of Trafficking
3. Trafficking
4. Importing and Exporting
5. Production

If convicted of one of the above offences, the sentence you receive will be determined based on several factors including:

1. The offender’s prior record
2. The offender’s level in the drug organization
3. Number of transactions (sales)
4. Whether the offense was planned in detail or out of impulse
5. Quantity seized
6. The type of drugs trafficked and whether it was one or more types.

It is important to note: sympathy from courts may be more likely given if the offender is supporting an addiction.  Where the offender is not addicted, there may be less sympathy.

What is the Process When Charged with Drug Trafficking?

After being arrested and taken to the police station, the police will do one of two things. Either they will hold an offender in custody or release them.  It is important that an experienced criminal lawyer is contacted at this point.

If the offender is released from the custody of the police, they will be given a notice as to when they must next appear in court.  The trial will be scheduled for a future date.

What You Should Know About Crown Prosecutors who deal with drug offences

The Crown Attorney’s Office prosecutes almost all criminal offenses in Canada.  However, drug-related offences are prosecuted by the Public Prosecution Service of Canada.  This means that drug prosecutors are more knowledgeable and more specialized in prosecuting drug-related offences.

How to Beat Drug Charges

In order for the accused to be charged with a drug-related offence, the Crown must prove without a doubt:

• That the accused was actually in possession of the prohibited drug
• That they knew the drug they possessed was prohibited
• That they intended to possess the prohibited drug
• That the drug is actually prohibited under the CDSA

The best way to beat a drug trafficking charge is to hire a criminal lawyer at the earliest possible chance.  Criminal lawyers are experts in their field and can help to get the best possible result for the accused.

How Can Kolinsky Law Help?

The criminal lawyers at Kolinsky Law are knowledgeable and will be able to help you navigate the process from arrest to trial.  Being charged with a criminal offence is a life-changing event that you will not have to face alone.  The goal of our practice is to help you avoid criminal convictions and avoid any result that will be detrimental to your life and your future.