Jan 03
In Canada, there are several failing to comply offences. You can fail to comply with an undertaking, a release order (bail), probation order, peace bond, or any court order (for example, a family law court order).
Lockyer Zaduk Zeeh has experience representing individuals charged with failing to comply offences. If you need an experienced criminal lawyer, give us a call at 416-613-0416 to schedule a consultation.
What are My Conditions?
When you are placed on a Court order, the order will outline the terms you need to follow. The typical terms will vary depending on what type of order you are placed on. For example, if you are placed on a bail order, your terms pertain to conditions of your supervision. A probation order, on the other hand, is meant for rehabilitation.
Do the Police Confirm Bail Compliance?
Yes. The police will do bail compliance checks by attending the address on your bail order. This can happen at any time, on any date, and it can happen more than once.
What Does the Crown Need to Prove to Establish the Offence of Failing to Comply?
The Crown must prove that you were bound to follow the condition set out in the bail order, that you breached the condition set out in the order, and that you intended to violate the bail condition. Of course, the Crown’s case can be challenged if intention to breach is in dispute.
Should I Plead Guilty?
A guilty plea to failing to comply with a release order can lead to a jail sentence, and it can also be a significant factor in denying bail for a future offence. Past performance on bail is an important consideration during a bail hearing.
A decision to plead guilty should only be made after you have reviewed all the evidence in your case with an experienced criminal defence lawyer, who can determine what, if any, potential defences are available to you.
