Failure To Comply with Recognizance Lawyer in Brampton, ON, Canada
Failing to comply with the law is a serious crime in Canada. If you’re faced with a charge of failing to comply with a recognizance or failing to appear for court on your own recognizance (ORA), then you must hire an experienced fail-to-comply lawyer who can help you fight this charge and protect your rights.
GSP Law will provide you with all the information you need to make informed decisions about your case. Contact us today!
We provide expert failure to comply with recognizance defence services primarily in Brampton and Orangeville, but our legal services extend to clients throughout the Greater Toronto Area, including Newmarket, Milton, Mississauga, Oshawa, and North York.
What is Failure to Comply with Recognizance or Undertaking In Canada?
A criminal charge known as “failure to comply with conditions of undertaking or recognizance” can result from violating any rules established during your release. Section 145(3) of the Criminal Code explains the offence as follows:
145. (3) 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.
When you are released on bail, the Judge or Justice of the Peace may order specific conditions you are obligated to adhere to and contingent on your release.
You may be charged with a Breach or Failure to Comply with Recognizance if, during this time, one or more of those conditions are not met.
Common conditions include:
- Not communicating with victims/co-accused persons
- Not to possess any weapons, firearms, ammunition, etc.
- Not to attend any place a victim is known to frequent
- Keeping the peace, being of good behavior
- Not to consume any alcohol/drugs
- Curfews
You may be charged when you are found out or believed to have broken one of your conditions.
If you’ve been charged with Failure to Comply with Recognizance anywhere in Toronto, Brampton, Orangeville, and the surrounding GTA, we can help guide you through the complex and stressful process that lies ahead.
Call GSP Law for Fail to Comply with Recognizance defence consultation. Let’s discuss your case and put forth your best defence from Failure to Comply with Recognizance crime charges!
Consequences of a Failure to Comply with Recognizance
If you fail to comply with the court order, you may be prosecuted for a hybrid offence, which means that the prosecution can proceed either by summary conviction (if there is insufficient evidence) or by indictment (if there is sufficient evidence). Any other offense you were initially charged with is unrelated to the failure to comply with recognizance charges.
If the Crown prosecution proves beyond reasonable doubt that you were in breach, you’ll probably be facing conviction and sentence to imprisonment. Under the Criminal Code, you could be sent to prison for up to two years for an indictable offence or be punished through a summary conviction.
Bail can be revoked in addition to being imprisoned. It implies that you will continue to be detained pending your trial. A conviction for failure to comply also makes it harder to get out of jail.
How Do the Police Know about Compliance?
The police know if you have failed to comply because they are notified when you are released from custody. They then check whether you have complied with the conditions of release. If you don’t comply, they can charge you for failing to comply with the terms of your bail.
If you fail to present yourself in court as required, or keep a condition imposed on you by the Court, the Magistrate may issue an arrest warrant for you and order that you be taken into custody until the next hearing date. The Court will also notify the police.
Possible Criminal Defences for Failure to Comply with Recognizance In Canada
If you’re accused of failing to comply with your recognizance, you may be able to protect yourself by hiring a skilled criminal defence lawyer. A good criminal law attorney can help you understand the charges against you and advise how best to defend yourself in court.
Some possible defences that you may be able to use in court to try to avoid conviction. These include:
The defendant was unaware of their duty to appear in court.
The defendant did not know about the conditions of their recognizance.
The failure to appear was an accident.
In addition, there are certain circumstances where the Crown will have to prove beyond a reasonable doubt that the accused knew about their obligation to attend court. If this burden of proof cannot be met, the charge will likely be dismissed.
In all cases, it is necessary to consult with an experienced criminal lawyer as soon as possible after being charged with failure to comply with recognizance. The sooner you are represented by a lawyer who knows what they are doing, the better your chance of being officially dismissed without any penalties.
Important Professional Disclaimer:
This website does not and cannot contain legal advice. The legal information provided on this page, especially the potential defences cited, is for general information and educational purposes only. No part of it is meant to be used as a substitute for professional advice.
Accordingly, we encourage you to consult with your or our professionals to provide you with the right kind of legal advice fit for your case before taking any action based upon such information.
GSP Law cannot be held accountable nor liable for misinterpretation of the cited potential defences for Failure to Comply with Recognizance, and they are not legal advice nor guidance given on this website.
GSP Law encourages users of this website to consult with local counsel or contact us for actual legal advice or guidance.
Were you charged with Failure to Comply with Recognizance in Greater Toronto Area?
GSP Law offers the best professional criminal defence lawyer representation, especially in Toronto, Brampton, and Orangeville. We are prepared to thoroughly review your situation and develop an approach tailored to your defence needs.
Why Choose GSP Law as your Fail to Comply With Recognizance Lawyer in Brampton, ON
- Seasoned and experienced criminal defence lawyer
- Conducts a thorough review of criminal charges and pieces of evidence
- Dedicated to your specific needs
- Professional and Knowledgeable to defend all clients no matter what charge and at all court levels
Reach out today and get a proper representation by a highly experienced Barrister and Solicitor you deserve!
Failure to Comply with Recognizance and Criminal Charges Can be Won
Hire GSP Law as your defence counsel to get proper professional representation. You are not alone. We can help you.
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