I’ve been charged with Failure to Attend, Failure to Appear, or Failure to Comply with Undertaking. What do I need to know?
Failure to Attend, Failure to Appear, and Failure to Comply with Undertaking are different crimes, but they are very similar.
The maximum for any of these is 2 years in jail.
If you don’t show up to court when you’re meant to, a judge or justice can create a bench warrant. A bench warrant gives the police the power to you and bring you to court. If a is not enough to get you to court, then the police may decide to you with Failure to Attend, Failure to Appear, or Failure to Comply with Undertaking.
Failure to Attend
Failure to Attend is about not going somewhere when a judge or justice says you must go there.
You can commit the crime of Failure to Attend in three different ways:
- you are released on and then you don’t return to court when you’re meant to
- while you’re in court, a judge or justice tells you to come back to court on a certain date and then you don’t return when you’re meant to
- a judge or justice orders you to go somewhere and you don’t go to that place when you’re meant to.
Failure to Appear
Failure to Appear is about not going somewhere when you have an “” or “” that says you must go there.
You can commit the crime of Failure to Appear if you do not show up:
- to court on the date your appearance notice or summons says you’re meant to be there
- to get your fingerprints and/or photos taken on the date your appearance notice says you’re meant to
Failure to Comply with Undertaking
An “” is a legal document you sign where you agree to do certain things, like going to court or going to get your fingerprints taken on a certain date. Failure to Comply with Undertaking is the crime you commit when you do not do something you promised to do in your undertaking.
You can commit the crime of Failure to Comply with Undertaking if you
- don’t follow a condition of your undertaking, or
- don’t show up to get your fingerprints and/or photos taken on the date your undertaking says you’re meant to
