Missed a Promise to Appear
September 17, 2009 11:24 PM   Subscribe

Canada, BC specifically. I missed a 'Promise to Appear'. Consequences?

RCMP. This was the first of two, basically fingerprinting and mugshot.

I was already running late, then my car broke down in the middle of the highway I live on.

I had forgotten my wallet at home, had no change for a bus or even which to take, 411 was useless in trying to get a tow, thankfully someone with a jeep pushed the car to the side of the road. I walked home, and once I got here lay down and promptly fell asleep.

When I woke up, I had obviously missed my scheduled appearance, and I still had to deal with getting my car towed to a garage.

So, anyway, I missed my 'promise to appear'. I didn't think it was too serious, just getting printed and photoed, but when I told my friend about it, he was saying I was going to go to jail and that there was likely a warrant for my arrest. It was about a recent DUI where I simply screwed-up.

What can I do?

I'll call the lawyers office and RCMP in the morning (PST), but would appreciate some other opinions on how to handle this without going to jail.
posted by hungrysquirrels to Law & Government (6 answers total)
 
Just call the station in the morning and ask them what to do, and try to explain the situation as best you can - you had car trouble. Then, call a justice of the peace and ask about bail, because they may detain you.

I believe a warrant for your arrest would only be issued if you missed a court date.

You need to really focus on dotting your i's and crossing your t's; it sounds like you're sabotaging yourself. I can't understand how you could forget your wallet on the way to the police station, or why you were running late, etc, or how you could fall asleep.

Maybe you're suffering from depression. Anyway, you need to modify your behaviour, and you need to do what needs to be done to avoid a complete unraveling of your life.
posted by KokuRyu at 1:12 AM on September 18, 2009


Response by poster: To clarify, I underestimated the seriousness of not going.

I was running late since my roommate is borrowing my alarm clock. I forgot my wallet since it's in my pocket 99% of the time - but I had put it on the night-table. I fell asleep since it was earlier than I'm usually up and I was exhausted from hoofing it back home.

And yes, depression is an issue.

Thx
posted by hungrysquirrels at 2:14 AM on September 18, 2009


Don't do a damn thing yourself and don't listen to any advice you get here (other than this). There are so many factors that will make the difference between you just showing up for a second fingerprinting appointment and you spending the time until your trial in custody that you absolutely need your lawyer to tell you what to do. (Just a few examples: whether you have documentation for your breakdown, what time of day to surrender to RCMP to ensure you get a quick bail hearing if you need one, which cop to talk to for the most reasonable outcome, what your record is, etc. A good criminal lawyer will know all of these.)

Posting this thread was misguided and there's more at stake here than you seem to appreciate. Do not do anything other than what your lawyer tells you to do.
posted by hayvac at 8:14 AM on September 18, 2009 [3 favorites]


Yeah just call your lawyer ASAP. I suspect it won't be a big deal assuming it was a one time mistake. The crown/prosecution delays the process plenty themselves, they may (secretly) appreciate the delay you may have caused.
posted by glider at 9:54 AM on September 18, 2009


I don't mean to rub it in, but when you tried to drive to your appearance without your wallet I presume you were driving without your license and would have ended up dealing with the police's frustration at your arrival for mugshot and fingerprints without any identification? The RCMP are not going to be impressed by what they will surely interpret as a tall tale, especially the part about your roommate borrowing your alarm clock.

From now on, do everything in your power to make this your last "screw up" and demonstrate during all future interactions with police and the courts that you take this very seriously. There's nothing "simple" about impaired driving, nor the mistakes you have made since then. Contact the experienced criminal lawyer that you need now more than ever as soon as you can for the reasons given by hayvac above.
posted by onshi at 12:13 PM on September 18, 2009


There may or may not be a warrant under section 502 of the Criminal Code. It depends on whether the Crown has already approved the charges that you are facing, and whether the police have sought such a warrant on your file. The only way to know is to have your lawyer contact the Crown office that deals with that detachment. There is really nothing you can do in the interim.

I am most assuredly not your lawyer, and this is not legal advice, simply information about the process.
posted by birdsquared at 9:22 PM on September 18, 2009


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