Bench Warrants

If you have missed a court date or believe there is a warrant in your name, it is important to act quickly and get the right legal help. This page explains what warrants are, what your options are, and what to do if you cannot make your court date — especially when living with a brain injury.

+ Warrant in Your Name?

If you believe there is a warrant in your name, you should have a LAWYER to assist you — preferably one with experience dealing with clients who have a brain injury.

Duty counsel (the free lawyer at court) cannot assist you with most parts of a criminal case, including trials or set date appearances. They may be able to help you with bail if you qualify, but they are not allowed to provide any assistance or advice unless your income is below the qualifying amount. Duty counsel cannot help you turn yourself in if you have an outstanding warrant.

+ Types of Warrants

a) Arrest Warrant
A court-ordered document that allows the police to arrest someone.

b) Bench Warrant
An order issued by a judge to a police officer for the arrest of a person who has failed to appear or remain at a hearing or trial. Bench warrants are a form of arrest warrants.

c) Discretionary Bench Warrant
In circumstances where a person does not appear in court, the court may allow the person to attend on the next appearance by issuing a bench warrant "with discretion". This process usually requires the person to have a lawyer who is in contact with them, and the lawyer appears or sends a message on their behalf. This process usually only applies to set date appearances, not trials or substantive motions. The matter is moved to another date and, if the person appears at that time, the warrant is cancelled.

Further reference or information: Ontario Attorney General – Warrant Glossary

+ Additional Information

It is the responsibility of the accused to show up in court.
If you do not show up, you can have a criminal defence attorney advise the court on your behalf as to why you missed your court date.
Your lawyer may be able to convince the court that only a bench warrant with discretion should be issued. This gives you another opportunity to attend court without an additional criminal charge or being arrested and held in custody until the next appearance or your trial.
If a bench warrant is issued without discretion, you risk being arrested in the community — or more likely (unless it is a serious charge) arrested the next time you attend court — and charged with failure to attend court and breach of your release conditions.

+ Options if There Is a Bench Warrant in Your Name

It is strongly recommended that you retain a lawyer.

Option 1: Try to Get the Warrant Cancelled (Rescinded)

A lawyer may be able to assist in getting the warrant cancelled.
If only a couple of days have passed since you missed court, you may be able to ask the court to cancel your bench warrant — this is called having the warrant rescinded.
Bring proof if you had an emergency. For example, if you were in the hospital, bring a letter from the hospital.
It is up to the discretion of the court to accept your reason for missing court.
You may be able to receive assistance from duty counsel at the courthouse if you meet the financial eligibility qualifications. Duty counsel or your lawyer can ask the court to agree to cancel the warrant. If cancelled, you will be given another court date.
If the court does not agree to cancel the warrant, you could be arrested at the courthouse and held by police until a bail hearing — which may be several days away. It is best to retain a lawyer so they can negotiate this ahead of time. If your surrender is negotiated in advance, there is a higher likelihood you can be released from the station with a promise to appear rather than being held in custody for a bail hearing.

Further reference and information: Steps to Justice – Try to Get a Warrant Cancelled

Option 2: Discretionary Bench Warrant

Sometimes the court will order a Discretionary Bench Warrant. When this happens, the court adjourns your case in your absence without releasing the bench warrant to police. If you attend your next court date, the discretionary bench warrant is cancelled. If you miss your next court date, a bench warrant could be ordered for your arrest.
You are more likely to receive multiple discretionary bench warrants if you have a lawyer who you are in communication with and who can advocate for a bench warrant with discretion on your behalf.
The court is more likely to issue a discretionary bench warrant if your absence has been explained. If you cannot attend on the scheduled date, retain a lawyer to appear on your behalf. If you qualify financially, a legal aid certificate can be issued for this purpose.

Further reference and information: Steps to Justice – What Happens if I Miss My Court Date

+ Can't Make Your Court Date?

If there is no way you can attend court on the scheduled date, you should:

Tell your lawyer as soon as possible so they can appear or send notice on your behalf.
Tell duty counsel if you qualify financially and do not have a lawyer.

As a last resort, a family member or friend could attend court on your behalf — but this could still lead to your arrest.

Further reference or information: Steps to Justice – Last Minute Emergency and Can't Attend

Key Things to Remember About Warrants

Acting quickly and getting the right legal support makes a significant difference when a warrant is involved. These reminders can help you understand what matters most.

Get a Lawyer First

If you believe there is a warrant in your name, do not try to handle it alone. A lawyer — ideally one familiar with brain injury — can negotiate on your behalf and help protect your rights.

Act Quickly

If only a few days have passed since a missed court date, there may still be time to have a warrant rescinded. The sooner you contact a lawyer, the more options you are likely to have.

Keep Proof of Any Emergency

If you missed court due to an emergency such as a hospital visit or medical crisis, gather documentation. This proof can support your lawyer's request to have the warrant cancelled or reconsidered.

If You Have Missed a Court Date

Missing a court date is serious, but taking the right steps quickly can help reduce the consequences. Use this checklist as a guide for what to do next.

Contact a lawyer as soon as possible

Do not wait. The sooner a lawyer knows about your situation, the more they can do to help — including negotiating a surrender or requesting a discretionary bench warrant.

Gather any proof of why you missed court

Collect documentation such as a hospital letter, doctor's note, or any other evidence that explains your absence. This can support your case when requesting that the warrant be cancelled.

Check if you qualify for duty counsel or legal aid

If you cannot afford a private lawyer, you may qualify for duty counsel at the courthouse or a legal aid certificate. Check your eligibility as soon as possible so a lawyer can act on your behalf.

Do not ignore the situation

Ignoring a warrant does not make it go away. You could be arrested at any time. Taking action — even small steps — gives you and your lawyer the best chance of a manageable outcome.

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Court Process & What to Expect

Understand court procedures, timelines, and how to prepare so you feel more confident at each stage.

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Meeting with Your Lawyer

Preparing for a meeting with your lawyer can feel overwhelming when living with a brain injury. This guide offers practical information, strategies, and tools to help you communicate clearly, feel more confident, and get the support you need during criminal court proceedings.

+ What Your Lawyer Should Know About You

Sharing information about your history, struggles and things that help you, will support your ability to self-advocate. This information is important to educate your support circle or legal counsel.

While it may feel embarrassing, overwhelming or scary to share information, it will help ensure you get fair and equal access to justice and legal support. Talk to your lawyer about what kind of information will be helpful in your legal process.

The questions below are designed to help you think about what you need. Make notes and bring them to your lawyer’s appointment so they can better understand how to share information with you.

+ Challenges and Strategies Specific to You

To help others understand your specific challenges and needs, circle, highlight or check off what challenges affect you.

Next, circle, highlight or check off the strategies that are helpful to you.

You are the expert of your own situation — add strategies and tools we haven’t listed that you find helpful.

Use this printable PDF as a reminder of how to cope with difficult challenges and share it with your lawyer or any persons in your support network.

📄 Download Printable PDF

+ Communication and Brain Injury: Information for persons with Lived Experience

Brain injury can result in challenges with aspects of communication such as Listening, Understanding and Remembering, Listening and Hearing, Thinking, Speaking and Communicating, and Social Communication.

These challenges can make it harder to follow conversations, remember details, organize thoughts, find the right words, and understand social cues — especially in stressful or noisy environments.

Why these challenges matter in the justice system: Legal conversations are often fast, use complex terms, and happen under stress. Clear communication is essential for understanding what is happening and advocating for yourself.

What Can You Do?

Tell your lawyer and probation/parole officer about your brain injury and what helps you communicate.
Ask them to speak more slowly and pause between ideas.
Ask for important information to be written down.
Request clarification using different words if needed.
Ask for a quiet room with minimal distractions.
Take breaks or deep breaths when needed.
Consider requesting a Communication Intermediary in court.

+ Questions for your Lawyer

Complete these questions when you are with your lawyer. You can either print them (PDF), or fill them out online, save and email the form.

If you are recording your answers on paper, be sure to take a picture and save it to your phone, or upload it to a cloud system.

Remember:

To give your lawyer a copy of your Brain Injury Identification Card
Review “What Your Lawyer Should Know About You”

+ How to Participate in a Virtual Meeting

Always ask permission of participants before recording a meeting.

Ensure you have access to technology, internet and the meeting link ahead of time.
If you need support, ask your lawyer or contact BIST/OBIA or your local Brain Injury Association.
Set up reminders and alerts on your calendar and/or phone as soon as you receive notice of the meeting.
Ask for an agenda ahead of time or a list of information/documents that may be required.
Ask a support person to attend if possible to help record information.
Conduct the meeting in a quiet location. Use headphones to block out distractions.
Test the platform ahead of time.
If you find it difficult to understand the platform, ask if you can use one you already know (e.g. Skype, Zoom, FaceTime, WhatsApp).
Ask if you can record the meeting or request a copy if it is being recorded.
Remind participants to speak slowly, summarize main points, and only have one person speak at a time.
If looking at a screen is difficult, ask if you need to keep your camera on.
Schedule the meeting at a time of day when you are at your best.
Ask questions if you do not understand.
Ask for a break if needed.
Ask for the meeting to be as brief as possible.
Keep yourself muted to reduce background noise.
Ask for information to be repeated.
Ask for a written summary of the meeting outcomes to be emailed to you.

Helpful Video: How to Prepare for a Virtual Court Meeting

+ Support and Soothe Tools

These dollar store items can help with stress in situations which may cause you anxiety. Have these items nearby to help reduce anxiety and improve focus.

Breath mint & Hand lotion
Breath mints can be grounding tools. Once you put it in your mouth, focus on the taste and coolness. This also works with hand lotion — as you put it on, focus on how it feels on your skin. Works with both scented and unscented cream.

Stress Balls
Stress balls can help alleviate nervous energy. Try rolling the ball across your leg or arm, or squish it between your hands. Try a variety of squish balls with different weights, textures, and ones that make noise to see what works best for you.

Coil bracelets and Rubber Bands
If you are easily distracted, try wearing elastic bands or coil bracelets on your wrists. The snapping of the rubber bands can help decrease unwanted thoughts, alleviate anxiety and help you focus.

Cold Water & Ice Pack
If you become overwhelmed, overheated, dizzy, light-headed, irritated, or anxious, try an ice pack or drink a cold glass of water. The temperature change can help bring down your emotional stress level.

+ Useful Tech Tips to Stay Organized

Here are some helpful technology tips and tools to help you stay organized during your legal process.

Helpful Videos for Staying Organized:

Ways to Make Legal Meetings Easier

Small adjustments can make a legal meeting feel more manageable, less stressful, and easier to follow. These ideas can help you prepare ahead of time and communicate what supports you need.

Write Things Down

Bring notes, questions, reminders, or keywords with you so you do not need to rely on memory in the moment.

Ask for the Right Setting

A quieter room, fewer distractions, and a calm environment can make it easier to listen, process information, and respond.

Keep Information Simple

It is okay to ask for shorter explanations, repetition, or written follow-up so important details feel clearer and easier to manage.

Before Your Appointment

Taking a few minutes to prepare before a meeting can reduce stress and help you feel more in control. Use this simple checklist to get ready in a way that works for you.

Gather your notes

Write down questions, dates, symptoms, challenges, or anything you do not want to forget to mention.

Plan your supports

Think about whether you need breaks, written instructions, a support person, or a quieter setting during the meeting.

Leave extra time

Give yourself more time than usual so you are not rushed getting there, logging in, or settling before the conversation begins.

Know what helps you stay calm

Bring water, headphones, a notepad, or another simple support tool that helps you stay focused and grounded.