Missing a court date is not just a simple mistake in Alberta, it’s a serious offence that could lead to arrest, new criminal charges, and major setbacks in your existing case.
Whether the missed appearance was accidental or unavoidable, the justice system treats failure to appear with strict consequences.
If you’ve missed a court date in Edmonton, you need to act fast. The longer you wait, the more complicated the situation becomes and the more you’ll need the guidance of an experienced criminal defence lawyer.
What Legally Happens If You Miss A Court Date In Alberta?
A Bench Warrant Is Issued
Under Section 597 of the Criminal Code of Canada, if you don’t appear in court as required, the judge may issue a bench warrant for your arrest. This means the police can detain you on sight. In some cases, you may not even be notified.
Your next interaction with law enforcement (a traffic stop, border crossing, or even at home) could result in an unexpected arrest.
You Could Be Charged With Failing To Appear
A missed court date can result in new charges under Section 145(2) of the Criminal Code:
“Every person who, without lawful excuse, fails to attend court as required… is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.”
This is treated separately from your original offence. Even if your initial charge was minor, failing to appear can escalate your legal situation quickly.
Your Bail Or Release Conditions May Be Revoked
Missing court is often considered a breach of bail or undertaking conditions. As a result:
- You may be denied bail the next time.
- The court could impose stricter release terms (e.g., house arrest, surety supervision).
- You might be held in remand until trial.
Valid Excuses For Failing To Appear In Court
Courts understand that emergencies happen. However, it’s your responsibility to prove that your absence was beyond your control. Acceptable lawful excuses might include:
- Hospitalization or serious medical emergencies (with proper documentation)
- A motor vehicle accident that made travel impossible
- Not receiving proper notice due to court clerical error or mailing issues
- Being misinformed about the date by an official source (though this is rare)
Courts are unlikely to accept:
- Oversleeping
- Transportation delays without proof
- Forgetting the date
- Personal inconvenience
Immediate Actions To Take If You’ve Missed Court
1. Contact The Court Or Duty Counsel Immediately
Call the courthouse where your case was scheduled and inquire if a bench warrant was issued. Don’t delay, a proactive approach shows the court you’re taking responsibility.
2. Speak To A Criminal Defence Lawyer
Engaging a criminal defence lawyer is your best move. They can:
- Arrange a warrant quash hearing
- Advocate to reschedule your appearance
- Minimize the chances of additional penalties
- Handle all communication with the Crown Prosecutor
3. Prepare Any Supporting Documents
To support your explanation, gather:
- Hospital admission records or doctor’s notes
- Photos or reports of a vehicle breakdown or accident
- Written proof of incorrect scheduling
- Travel logs or communications indicating you tried to appear
What Is A Warrant Quash Application?
A warrant quash is a formal court application to cancel the arrest warrant before it’s executed. Your lawyer will file this and appear on your behalf (or with you), asking the judge to cancel the warrant and set a new date.
This is not guaranteed. The judge will assess:
- How soon did you act after missing court
- Your prior attendance record
- The seriousness of the original charge
- Your explanation and supporting documents
A strong, respectful presentation, especially by a seasoned defence lawyer, can significantly increase your chances of having the warrant quashed.
What Happens If You Do Nothing?
Ignoring a missed court date never ends well. Here’s what may follow:
- You could be arrested without warning.
- You may be held in pre-trial custody for weeks or months.
- The Crown may oppose bail or seek harsher sentencing due to your non-compliance.
- A simple charge could evolve into a complicated, multi-charge criminal case.
Remember: Alberta’s court system takes non-attendance seriously. Doing nothing only digs a deeper hole.
Why You Need a Criminal Defence Lawyer Now
Missing court puts your credibility at risk. The best way to control the fallout is to retain a defence lawyer who knows the Alberta courts, understands how to present your case persuasively, and can often resolve issues before they spiral.
A criminal defence lawyer will:
- Protect you from further charges
- Help explain your absence effectively in court
- Seek to quash arrest warrants
- Defend yourself against the original (and any added) charges
- Prevent detention and negotiate favourable outcomes
About Daryl Royer – Criminal Defence Lawyer In Edmonton
Daryl Royer Criminal Defence is a trusted legal practice based in Edmonton, Alberta, focused exclusively on criminal law. With years of courtroom experience, Daryl Royer understands the stakes when clients miss court and how to turn things around with precision and strategy.
If you’ve missed a court date or received notice of a warrant, contact us immediately. The sooner you act, the stronger your legal position becomes.
Call today to schedule a confidential consultation.