Prosecution: Calgary Court Failure to Appear in Court

Result: Criminal Charges withdrawn

Regina v. K.D. – January 2019

Lawyer: Sean Fagan

Charge: 145(5) of the Criminal Code of Canada

K.D. faced a charge of failure to appear in Court. A ‘failure to appear’ charge is a criminal charge like any other, and a conviction for this offence will most often result in a criminal conviction being imposed. Having a criminal record for failure to appear, will make it much more difficult to be released on bail if charged with any further criminal offences in the future. This is because a ‘failure to appear’ charge is viewed as an offence of failing to abide by a Court order. Additionally, a failure to appear charge can cause difficulty in obtaining employment, working in a secure sector, successfully applying for citizenship certificates, and travelling into the United States.

These charges can be extremely difficult to defend because they are document-driven, and it is relatively easy for the Crown to prove its case against you. K.D. was charged with failure to appear as a consequence of missing his Court appearance on criminal charges. K.D. understood the difficult dynamics at play in defending this charge, and retained the services of defence lawyer Sean fagan.

Sean Fagan was successful at securing the withdrawal of the charge.