“What Happens If I Miss My Court Date in Toronto?” – The Cost of a Fail to Appear
“I missed my court date. I was scared. What happens now?”
I received this voicemail at 11 PM on a Sunday. The client had been charged with theft under. He was given a court date. He panicked. He did not go.
Now he was terrified to leave his house. He thought police would kick down his door any second.
Here is what I told him: Missing your court date is serious. A warrant will likely issue. But you are not doomed. There are steps you can take to fix this – but you must act immediately. The first step is calling a Criminal Defence Lawyer.
Let me explain exactly what happens when you miss a court appearance in Ontario, how bad it can get, and how a Criminal Lawyer can help you make it right.
Table of Contents
The Immediate Consequence: A Warrant for Your Arrest
How Warrants Work in Ontario
The “Fail to Appear” Charge: Making Things Worse
What Happens When Police Find You
Can You Fix a Missed Court Date?
The Difference Between an Excusable and Inexcusable Miss
How a Criminal Defence Lawyer Can Resolve a Warrant
Frequently Asked Questions
Why Costa Law Firm Helps Clients in Crisis
The Immediate Consequence: A Warrant for Your Arrest
The moment you miss a court appearance, the judge can issue a bench warrant (sometimes called a “warrant for arrest”).
Here is what that means:
Police are authorized to arrest you anywhere, anytime
Your name goes into the Canadian Police Information Centre (CPIC) database
Any police officer who runs your name will see the warrant
There is no “grace period.” There is no “I’ll show up tomorrow and explain.” The warrant can issue immediately. A Criminal Defence Lawyer can check whether a warrant has been issued without you being arrested.
How Warrants Work in Toronto
There are two types of warrants in Ontario:
| Type | Issued By | What It Means |
|---|---|---|
| Bench warrant | Judge or Justice of the Peace | Police can arrest you. You can be released by a Justice of the Peace after arrest. |
| Canada-wide warrant | Superior Court Judge | Police anywhere in Canada can arrest you. You will be held for a bail hearing. |
Most missed appearances result in a bench warrant. But if you miss a serious offence or if you have a history of missing court, the warrant may be Canada-wide.
Once a warrant is issued, you cannot “call and reschedule.” You must either:
Turn yourself in, OR
Have a Criminal Defence Lawyer arrange a “warrant withdrawal” without arrest (possible in some cases)
The “Fail to Appear” Charge: Making Things Worse
Here is the worst part: Missing court is not just a procedural problem. It is a new criminal offence.
Section 145 of the Criminal Code makes it a crime to fail to appear in court as required.
Fail to Appear penalties:
Summary conviction: up to 6 months in jail and/or a fine
Indictable (if the original offence was serious): up to 2 years in jail
So you can be charged with a brand new offence – sometimes more serious than your original charge – simply because you were scared to show up.
I have seen clients turn a minor theft (which could have been diverted with no record) into a Fail to Appear charge that carries jail time. A Criminal Defence Lawyer can often negotiate to have the Fail to Appear charge withdrawn, but only if you act quickly.
What Happens When Police Find You
Police have many ways to find you:
They attend your last known address
They run your license plate and pull you over
They find you during a routine traffic stop
They attend your workplace
They find you when you cross the border
When they arrest you on a warrant:
You are taken to a police station
You are fingerprinted and photographed (again)
You are held for a bail hearing (which can take 24-48 hours)
You may be held in custody until the bail hearing
You face the new Fail to Appear charge
A missed appearance that could have been fixed in one day with a Criminal Defence Lawyer can turn into days in custody, additional charges, and stricter bail conditions.
Can You Fix a Missed Court Date?
Yes, but you need a Criminal Defence Lawyer – and you need to act immediately.
Option 1: Warrant withdrawal without arrest (best outcome)
Your Criminal Lawyer contacts the court or the Crown. They explain the reason for the missed appearance (fear, misunderstanding, medical issue). If the Crown agrees, the warrant is “withdrawn” and a new court date is set. You never get arrested.
Option 2: Voluntary surrender (second best)
Your Criminal Defence Lawyer arranges for you to attend the courthouse at a specific time. You surrender. You are arrested briefly, processed, and released with a new court date. You may still face the Fail to Appear charge, but your Criminal Lawyer can negotiate a withdrawal.
Option 3: Wait and get arrested (worst outcome)
You do nothing. Police find you randomly – at work, at home, during a traffic stop. You are arrested without warning. You are held for bail. You face the full consequences.
Option 1 is best. Option 2 is acceptable. Option 3 is a disaster.
The Difference Between an Excusable and Inexcusable Miss
Judges and Crown prosecutors are more understanding of some reasons than others:
| Reason | Likely Response |
|---|---|
| Medical emergency (with doctor’s note) | Warrant withdrawn, no new charge |
| Car accident on the way to court (with proof) | Warrant withdrawn, no new charge |
| Did not receive notice (if you can prove it) | Warrant withdrawn |
| Fear / anxiety / panic | Less sympathetic – but a Criminal Defence Lawyer can argue |
| “I forgot” | Not sympathetic – new charge likely |
| “I didn’t think it mattered” | Not sympathetic – new charge likely |
| “I was avoiding court” | Very unsympathetic – new charge, possible jail |
If you missed court because of fear, you are not alone. It happens often. But you need a Criminal Lawyer in Toronto to explain it properly. Walking into court alone and saying “I was scared” will not go well.
How a Criminal Defence Lawyer Can Resolve a Warrant
Here is what Costa Law Firm does when a client misses a court date:
Step 1: We check if a warrant has actually been issued (sometimes it takes days).
Step 2: We contact the Crown and explain the circumstances. We request a warrant withdrawal without arrest.
Step 3: If the Crown refuses, we arrange a voluntary surrender – a controlled arrest where you walk into the courthouse with your Criminal Defence Lawyer.
Step 4: We attend the bail hearing and argue for release with the same conditions (or better).
Step 5: We negotiate the Fail to Appear charge – often getting it withdrawn or reduced.
We have done this hundreds of times. Missing court is not the end of the world – but ignoring it is. A Criminal Lawyer can make it right.
Frequently Asked Questions
1. How do I know if there is a warrant for my arrest?
You can ask a Criminal Defence Lawyer to check CPIC. Do not call the police and ask – they will simply arrest you. A Criminal Lawyer can check discreetly.
2. Can I travel outside Canada if I missed a court date?
No. The warrant is in CPIC. Border officers will see it when you try to leave or re-enter Canada. You will be arrested at the border. A Criminal Defence Lawyer can resolve the warrant before you travel.
3. Will police come to my house for a missed court date?
They can. Whether they will depends on the seriousness of the original charge and how busy they are. For minor charges, they may wait for a traffic stop. For serious charges, they will come to you. Call a Criminal Lawyer immediately.
4. How long does a warrant stay active?
Indefinitely. Warrants do not expire. Even years later, if you are stopped for a broken taillight, the warrant will appear. A Criminal Defence Lawyer can help you clear it.
5. Can I go to jail for missing a court date?
Yes. Fail to Appear carries up to 2 years in jail for indictable offences. For minor offences, jail is less common, but possible – especially if you have a history of missing court. A Criminal Lawyer can negotiate to avoid jail.
6. What if I missed court because I was in the hospital?
Get documentation. A doctor’s note or hospital discharge summary. A Criminal Defence Lawyer can present this to the Crown to have the warrant withdrawn.
7. What if I missed court because I never received the notice?
This happens. Sometimes notices are sent to old addresses. If you can prove you did not receive it (e.g., you moved and updated your address with no response), a Criminal Lawyer can argue the warrant should be withdrawn.
8. Can I go to my next court date even if I missed the last one?
You can, but the warrant is still active. You may be arrested at the courthouse. It is better to have a Criminal Defence Lawyer resolve the warrant before you appear.
9. Will missing court affect my bail?
Yes. If you are out on bail and miss a court date, your bail may be revoked. You will be held in custody until a new bail hearing – which is much harder to win the second time. A Criminal Lawyer can help restore your bail.
10. What should I do right now if I missed my court date?
Call a Criminal Defence Lawyer in Toronto immediately. Do not wait. Do not hide. The longer you wait, the worse it gets. A Criminal Lawyer can often resolve this without you ever being arrested.
Why Choose Costa Law Firm for Missed Court Dates
We understand why people miss court. You were scared. You were embarrassed. You thought ignoring it would make it go away.
It did not go away. But you can still fix this.
As a former Crown Prosecutor now practicing as a Criminal Defence Lawyer, I have resolved hundreds of warrants without clients ever being handcuffed. I know which Crown prosecutors will agree to warrant withdrawals. I know how to present your circumstances sympathetically.
Do not hide. Do not wait. Call us now.
One Missed Court Date Does Not Define Your Case
Missing court is serious. It adds a new charge. It risks a warrant. It increases your stress.
But it is fixable. The sooner you act with a Criminal Defence Lawyer, the better your outcome.
Contact Costa Law Firm immediately if you have missed a court date. We will check for warrants, negotiate with the Crown, and get you back on track.
Hiding makes it worse. Facing it with a Criminal Lawyer makes it manageable. Call us.
