Failure to Appear
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.
The Basics
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.
Consequences
What you're facing
- 1Bench warrant issued for your arrest — you can be picked up at any time
- 2Additional criminal charge added to your existing case
- 3Bail may be revoked or denied on both the original and new charge
- 4Stricter release conditions imposed (surety, house arrest, GPS monitoring)
- 5Criminal record for the failure to appear, even if the original charge is withdrawn
- 6Judges may view you as unreliable, affecting sentencing on related matters
Our Approach
How we can help
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 In many cases, we can have the failure to appear charge withdrawn once the court is satisfied the failure was not wilful.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
- Prosecutor negotiations
- Flat-fee, no surprises
Common questions
Failure to Appear FAQs
Straight answers about traffic tickets, court process, and how we work.
Got a ticket? Don't just pay it.
Paying results in a permanent record, demerit points, and insurance rate hikes. Speak to us first — the consultation is 100% free and there's no obligation.