I missed my court date. What happens now?
Question & AnswerI missed my court date. What happens now?
If you miss a court date, the justice of the peace or the judge will decide whether to:
- order a for your , or
- order a and your matter.
Avoid missing your court date. If a bench warrant is ordered, the police can arrest you.
You can also be charged with the criminal offence of .
Discretionary bench warrants
Sometimes the court will order a special kind of called a discretionary bench warrant. When a discretionary bench warrant is ordered, the court adjourns your case in your absence without ordering a bench warrant for your arrest. If you go to your next court date, the discretionary bench warrant is cancelled. But if you miss your next court date, a bench warrant will be ordered to have you arrested.
The court will be more likely to issue a discretionary bench warrant if your absence has been explained. If you can't go to court on the date scheduled, ask , or get a friend or family member to go to court for you to explain your absence.
What to do
To find out if there's a bench warrant for you, call the courthouse. Ask to speak to the criminal court clerk.
If there's a bench warrant, you can:
- try to have the warrant or cancelled, or
- arrange to turn yourself in.
If there's no bench warrant or a discretionary bench warrant has been ordered, ask the clerk for your next court date. Do not miss that court date. If you do, the court may order a bench warrant for your arrest.