Why is being charged with Breaching Bail Conditions Serious?
A recognizance (bail) is a court order and when you fail to comply with the conditions of your release, the Court views this as very disrespectful. The Court included the conditions of your bail for a particular reason, and it is expected that you comply with these conditions. When you fail to comply with these conditions you are essentially saying to the Court that you do not feel complying with these conditions is important.
I Breached My Bail Conditions. I should just Plead Guilty right?
No. The Crown Attorney is still held to the same criminal standard, that being it must prove you breached a condition of your bail beyond a reasonable doubt. You may also have a defence to the charge against you. As with any criminal offence, you should not plead guilty unless (1) there is a factual basis for pleading guilty, (2) the Crown Attorney can prove its case, and (3) you receive some form of consideration for pleading guilty.
I am not allowed to communicate directly or indirectly with someone. What does this mean?
If you are not permitted to communicate with another person directly or indirectly this means you cannot have anything to do with that person. You cannot send that person a message through another person. The term communicate refers to any form of communication. This means that you should not post a message on Facebook or Twitter which is directed at that person.
The person I am not allowed to have contact with keeps trying to talk to me. I don’t want to breach my bail conditions. What should I do?
You absolutely not have any contact with that person. Even the other person initiates contact with, you cannot have any contact with that person or you could be charged with failing to comply. If you have retained a lawyer, contact your lawyer right away. You should also keep any record of that person attempting to contact you. If you do not have a lawyer, you may want to consider contacting the police if the person continues to attempt to contact you.
I am the victim and I had contact with the person who is on bail, can I get in trouble?
Yes there is a possibility you could be charged, however it is unlikely that you would ever be charged. Where you have assisted someone in breaching their bail conditions, technically you could be charged with being a party to the offence. However, in circumstances where you are the victim, it is very unlikely that you would be charged.
How can a Conviction for Failing to Comply with Bail Conditions affect me in the future?
If you have a conviction for failing to comply it may make it more difficult for you to get bail if you are charged with a criminal offence in the future. The Crown Attorney will be less likely to consent to your release if you have a previous conviction for failing to comply with you bail conditions.
I have been charged with Failing to Comply. What should I do?
If you haven’t contact a lawyer by now, you should talk to a lawyer right away. If you are charged with failing to comply with your bail conditions you will be held for a bail hearing and you will now have the onus of demonstrating why you should be released.
Call me today or email me if you have been charged with failing to comply or if you have any questions about your conditions of release.
For more information about the offence of failing to comply click here, or check out my article on the importance of complying with bail conditions.