FAIL TO COMPLY & BREACH CHARGES
Failure to Comply with a Court order or Breach of Recognizance or Probation are offences under the Criminal Code of Canada. These charges can be laid while a person is on a term of release such as a Recognizance of Bail, or following the end of a case once a person has been placed on a term of probation.
Under the Criminal Code, anyone 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 (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction.
Judges often take a hard-line approach to sentencing for these charges and sentences of jail time are not uncommon. If a person is found breaching their bail conditions while their case is outstanding, they may find their bail revoked and themselves back in custody. If a person who has been already found guilty of an offence is charged with breaching their probation order, they may also find themselves in custody awaiting their hearing or trial. A conviction for failing to comply will likely impact your chances of release on bail if you are charged with a criminal offence in the future. Contact Rokni Law today to discuss your options with a criminal defence lawyer.