Failure To Comply With Recognizance Of Bail

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What is Failure to Comply with Recognizance or an Undertaking?

If you are facing a criminal charge in Ontario, you may be released on bail by the Police (an undertaking) or by a Justice of the Peace (a recognizance) pending trial. Bail is accompanied by certain conditions that you are bound to comply with until your case is resolved.

Breaching any of the set conditions during your release can lead to a criminal charge referred to as “failure to comply with conditions of undertaking or recognizance.” Section 145(3) of the Criminal Code expounds the offence as follows:

Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance, and every person who is bound to comply with a direction under subsection 515(12 or 522(2.1) or an order under subsection 516(2), and who fails, without lawful excuse, the proof of which lies on them, to comply with the condition, direction or order is guilty of…

The Courts view a breach of statutory orders as an affront to the Administration of Justice, and they take such offences very seriously. Some breaches, such as a breach of non-contact order on a domestic assault charge, are taken very seriously and could lead to detention and a jail sentence upon conviction. Therefore, when charged with a failure to comply, retain an experienced criminal defence lawyer in Toronto to defend you.

How Do the Police Know about the Compliance?

When released on bail, in most cases, a surety is appointed by the Court to ensure that you comply with the set release conditions. The surety checks, for example, if you’re in possession of drugs or in contact with a person against court orders. If they find out that you’ve breached your conditions of release, they are required by law to report the matter to the Police or Court.

A police officer can also check up on you to ensure that you’re following the required conditions. If the officer finds that you’re in breach, they’ll arrest you and report the matter to the Court.

If you or someone you know is charged with failure to comply, contact Zamani Law for legal representation. Our lawyers will find a solution that ensures the best possible outcome.

What Must the Crown Prove?

If you’re charged with failure to comply with recognizance or undertaking, you’ll still go through the normal court process where the Crown must prove beyond reasonable doubt that you’re guilty. For a successful conviction, the Crown Attorney must show that:

  • The accused was bound by an undertaking or recognizance bail order
  • The accused performed an act that was prohibited or failed to perform a task that was required by the bail conditions, hence violating set terms
  • The accused knowingly or voluntarily breached the said bail conditions

What Are Some Criminal Defences for Failure to Comply?

When facing allegations of failure to comply with recognizance, you can protect yourself by retaining an experienced criminal defence lawyer. Zamani law has extensive experience defending clients facing such and related bail matters. We utilize our expertise and knowledge to protect our clients and prevent their incarceration.

Some of the best defence strategies we use are:

  • Lawful Excuse: this is the best defence, and it can be used when you have a legitimate reason for your breach in release conditions. For example, if you fell ill and failed to meet with your probation officer, it’s a legitimate reason to breach your bail conditions. The Court will understand and have the charges withdrawn.
  • No intent: if you were trying to meet the set bail conditions but you couldn’t, we can argue that there was no intent to breach. For example, if you were trying to get home before curfew but got caught up in a snowstorm or accident.
  • Violation of your rights: if the Police discovered that you were in breach of your release conditions through an illegal stop or search, Zamani Law will fight to get the evidence excluded because of the violation of your Charter of Rights.

The above are just a few of the possible defences that Zamani Law can utilize in failure to comply with recognizance charges. We tailor each defence to meet your needs and the details of the case.

Call us today at (647) 697-6954 for a free evaluation of your case.

Consequences of a Failure to Comply with Recognizance

A failure to comply with recognizance is prosecuted separately from the criminal offence you were originally accused of perpetrating.

If the prosecution proves that you were in breach of your bail conditions, you’ll be convicted and might go to prison. As per the Criminal code, you can be imprisoned for up to 2 years for an indictable offence, or be punished through summary conviction.

Apart from imprisonment, your bail can also be revoked. This means that you’ll remain in custody awaiting trial.

A conviction on failure to comply also affects any future bail hearings, making it harder to secure release.

Contact Zamani Law for A Free Consultation

Our experienced criminal defence lawyers in Toronto are well-versed in charges of breaching court orders and protecting our clients’ rights and interests. If you’re facing failure to comply with recognizance or undertaking charges, call Zamani Law at (647) 697-6954 for a free, no-obligation consultation.

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I met Farid Zamani while I was facing a DUI charge & Over 80. Farid is very professional, and kept me calm throughout my trial. He explained the possible outcomes of my trial thoroughly. As expected, I was in a panic state but his assurance & confidence really helped me to believe that I was in good hands! My DUI & Over 80 was reduced down to a HTA offence – Careless driving. I can finally move on with my life. Thank you to the team for fighting to give me a second chance at life. Forever grateful!

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