So back Nov 07 I was pulled over driving my ex boyfriends car in Ottawa Ontario (where I used to live)His car was wanted in connection to a theft so the police brought me into the station to speak to me, I would not give any information about him (stupid)so I took the blame (theft under) so they gave me a slip of paper with a date to be fingerprinted. I showed up on the date before I had to work but there was an issue at the police station, I waited a few hours but still wasnt able to see/speak to anyone so I left to go to work.. I never heard anything of it again (no phone calls, nothing) I moved to Calgary in Feb 08 and I was pulled over by the Calgary police and they ran my license and nothing came up. I tried calling the Ottawa police to get things sorted out but they couldn't give me any info since I wasn't there in person, they told me to check if there was a warrant for me at the Calgary police station, but obviously nothing came up because I would have gotten arrested when I was pulled over. Is there any other way I can find out if there is a warrant out for me? I would like to travel (no previous criminal record) but I dont want there to be issues on my way back into the country. Thanks
Asked over 2 years ago in Calgary, Alberta
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 British Columbia lawyer
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A Promise to Appear for fingerprinting usually also has a date for the first appearance in court. If the police forwarded charges to the Crown for approval, and if the Crown approved the charges and had them sworn, a warrant may be issued for no-attendance in court on the date set to appear. A further charge of Failure to Appear may also be sworn, and a warrant issued for that charge if the whereabouts of the Accused are unknown. It is unlikely that a warrant would be issued for non-appearance for fingerprinting before charges are approved on the offence, although it is possible, since non-appearance for fingerprinting is also itself a criminal offence.
Warrants are requested by the police or the Crown, and are issued by the provincial court in the city in which the arrest took place. The court registry will advise a person inquiring at the counter if they have a warrant, although they risk being arrested by a sherrif at the courthouse. The information is available in BC on an online computer system, accessible at any courthouse, and in part, online. I do not know if that information can be obtained online in Ontario, or by a third party who is not a lawyer at the courthouse. Perhaps a participant on this site from Ontario can post more information in that regard.
Warrants for minor offences are normally provincial in their radius (meaning the person can not be arrested in another province), although if the Crown or police has information that the accused is elsewhere, or if the matter is serious, a Canada-wide warrant may be issued.
A local police agency in another province will not always advise a person on a traffic stop if there is a warrant outstanding in another province if it is not a Canada wide warrant. If a person attends at a police station in another province and requests the information they will usually be advised of a warrant in another province, however if it is Canada-wide the person will likely be arrested on the spot. If it is not a Canada-wide warrant, the local police may advise the Crown or police in the originating jurisdiction that the person sought made the inquiry, including passing on the address provided by the person to identify herself when making the inquiry. The Crown in Ontario may then request a Canada-wide warrant, and the person may then get arrested and transported to Ontario. It would be unusual in a minor theft under cases, but it is not unheard of, and it depends on many other circumstances how the Crown chooses to spend its resources.
If the information is not available online in Ontario, the safest way to determine if there is a warrant for your arrest is through a lawyer, who can contact Crown counsel on behalf of the client and discuss possible ways to deal with the charge, and also advise the person on the status and strength of the prosecution, and what their options are. Fees for that service should be nominal, as the initial inquiry involves only a couple phone calls. Indigemnt persons should receive some assistance from their local legal aid office, however I am unaware of what specific services are available in Alberta in this regard.
Posted over 2 years ago
Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation).
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Reply by Police Officer the shield |
Since there are many variables here, it would be best to take it head on and through a lawyer, find out it a valid warrant exists. If a warrant exists either for the original charge or an added charge of fail to appear (or both) it could haunt you for travel or employment. Your lawyer is in a better position to defend you if it appears that you wish to clear matters on your own rather than wait for the police to locate and apprehend you. Should you get arrested in the future and you have an outstanding warrant(s) you could be held for a bail hearing where you would have to show cause why you should be released. Many times failing to appear for Court or Prints has a stiffer penalty than the original charge so don't take it lightly. I agree with counsel that many of the lesser charges have a Provincial radius however, the radius is set by Crown which indicates how much money that they wish to spend on returning someone to their jurisdiction. For instance, a warrant with a 100 km radius, police, technically in another Province can arrest someone so that they can contact the originating agency to see if they will return. You could have the Ottawa matter dealt with in Alberta only if you wished to plead guilty to the charge(s).
Posted over 2 years ago
I am a retired police officer with experience on the Tactical team, Vice Unit,
Major Crime Unit and Drug Squad.
Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation).
Search
the Lawyer Directory, or use our free Lawyer Referral Service.
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