When a Judge orders an individual to appear in Court at a specific date and time, that individual is legally bound to appear. An individual who intentionally misses their criminal Court date can be charged with a criminal offence. However, the onus is on the prosecutor to demonstrate that the individual truly intended not to appear in Court. This means that they must show that the individual was aware of their Court date and chose not to appear.
How Judges Consider Excuses and the Importance of Legal Representation
Generally, it is up to the Judge whether or not he or she accepts a particular excuse for not appearing in Court. For example, an individual who slept through their Court date would not likely receive much leniency from a Judge, but someone whose children were rushed to the emergency room in a life-threatening situation might be excused.
If you are ever in a situation where you think or know in advance that you will not be able to attend your criminal Court date, discuss this with your lawyer. If you only realize after the fact that you missed your Court date, contact your lawyer and they will advise you on how to proceed. It is possible that you may still be able to avoid criminal charges. Regardless of the circumstances surrounding your failure to appear in Court, it is important that you have a good criminal lawyer who will work on your behalf.