Can a bench warrant be cancelled?

Yes. Your legal representative can bring a motion to have the warrant vacated or cancelled. If there was a legitimate reason for missing court (e.g., hospitalization, never received notice), the court will often cancel the warrant and set a new date.

Is failure to appear a criminal offence?

Yes — it is a Criminal Code offence under Section 145. A conviction results in a separate criminal record entry in addition to whatever the original charge was.

What should I do if there is a warrant for my arrest?

Do not ignore it. Contact us immediately. We can arrange a voluntary surrender through the court, which typically results in same-day release rather than being held in custody for a bail hearing.

Criminal Code Offence

Failure to Appear

Name: Bridge Legal Services
Address: 2428 Islington Ave., Suite 207, Etobicoke, ON, M9W 3X8, CA
Telephone: (416) 876-4305
Price range: $$
Rating: 4.9

Failing to appear in court or to comply with a release order is a Criminal Code offence that results in an additional criminal charge, a bench warrant, and potential bail denial on future matters.

Free Case Assessment (416) 876-4305

Criminal Code

Section 145 — Criminal Code of Canada

Maximum Penalty

Up to 2 years less a day in jail (summary); up to 2 years (indictable)

Our Flat Fee

$1000 – $3500

Consultation

Free & Confidential

Overview

What is Failure to Appear?

Failure to appear under Section 145 of the Criminal Code occurs when an accused person fails to attend court as required by a summons, appearance notice, or release order, or fails to comply with conditions of their release (e.g., curfew, no-contact orders, reporting conditions). This is a separate criminal charge — in addition to the underlying offence — and can result in a bench warrant being issued for your arrest.

Penalties

What you're facing

1
Bench warrant issued for your arrest — you can be picked up at any time
2
Additional criminal charge added to your existing case
3
Bail may be revoked or denied on both the original and new charge
4
Stricter release conditions imposed (surety, house arrest, GPS monitoring)
5
Criminal record for the failure to appear, even if the original charge is withdrawn
6
Judges may view you as unreliable, affecting sentencing on related matters

Our Defence

How we defend you

We work to have the bench warrant cancelled or vacated, negotiate your voluntary re-surrender to avoid a public arrest, and address the underlying reasons for the failure to appear (e.g., never received notice, medical emergency, confusion about court date). In many cases, we can have the failure to appear charge withdrawn once the court is satisfied the failure was not wilful.

We appear in court for you
Full disclosure review
Charter rights analysis
Crown prosecutor negotiations
Flat-fee, no surprises
Free initial consultation

Don't talk to police without legal advice

You have a Charter right to remain silent and a right to counsel. Anything you say can and will be used against you. Contact us immediately for a free, confidential case assessment before making any statements.

Common questions