When an individual is released on a Criminal Charge there is often terms of release that are either ordered by a Court or by the Police.
Breach of any of these terms is a criminal charge and often (upon conviction) result in a jail sentence. The Courts look at this type of charge (especially if it is a breach of a court issued release) as an affront to the administration of justice. A 30 day sentence is not uncommon for a first time offender.
What Must the Crown Prove?
The Crown Attorney must prove the following in order to establish guilt:
- The accused was bound to follow the conditions set out in the bail order;
- The accused did in fact breach one or more of those conditions; and
- The accused intended to breach the condition.
What are some criminal Defences?
- Necessity: where the accused has no alternative – for example – emergence illness causing conduct that is in breach of curfew
- No intent: an accused trying to make curfew but is caught in a snow storm or is involved in an accident.
- Can the Crown prove the accused committed the breach. This often arises with email or text communications contrary to a no contact order. The Crown has to prove the accused sent the communication. The fact that it came from his phone or IP address is not necessarily enough.
- In some cases, if it can be established that the police conducted an illegal stop and/or search that led to the discovery of the breach of condition of bail, the evidence may be ruled inadmissible because of Charter of Rights violations.
- The Crown must have the paper work in place to establish the bail conditions alleged to have been breached. If they do not, the charge will be dismissed.
Why Hire Zamani Law Criminal Defence Lawyers?
If a person is found guilty of violating their bail conditions, they will not only face the possibility of jail time (even for first time offenders), but they will also find it much more difficult to receive another release on bail in the future. This is not a charge you want to have on your criminal record. If you are facing a failure to comply with recognizance charge, contact 416-627-1318 to set up a free initial consultation today.