Failure to Appear is a relatively serious criminal offence and can attract jail sentences. There are various circumstances in which the offence of Failure to Appear can occur, including:
- a) By not attending a first appearance in court;
- b) By not attending an appearance subsequent to the first appearance in court;
- c) By failing to attend a police station for fingerprints and photographs; etc.
There are various technical and substantive defences that can be raised against this charge. A common defence raised is that the accused did not have the requisite mens rea to commit the offence. The Crown must prove beyond a reasonable doubt that the accused knew about the appearance, and failed to attend for it.
To speak to a Failure to Appear Lawyer, call (647) 878 – 6355.