Defence

Breaches of Court Orders

OverviewCases

Persons who find themselves charged with a criminal offence, or who have been convicted of a criminal offence, often find themselves a target of the police and the courts.  Further charges for breaches of court orders can be added to existing charges.  These charges can have a devastating impact because they can lead to the revocation of an existing bail and create a situation of despair for an accused person.  Many criminal lawyers simply advise clients to plead guilty to such charges.  However, there are many defences to these charges and it is vital to seek proper legal advice prior to doing something drastic like pleading guilty and waiving the right to a trial.

In addition, many people who have been in the criminal justice system before can find themselves being the target of the police.  Being stopped by the police or being a target of the police can lead to charges of obstruct police or obstruct justice.  Speaking to a criminal lawyer and having a criminal lawyer to speak to on a regular basis is vital for such a person as police officers often go beyond the limits of their authority, which leads to a full defence to such charges.

Generally speaking you could be facing breach of court order charges when you fail to comply with any of the following conditions set forth by the court:

• Missed restitution payments (similar to child support or when you’re paying money to a former victim, once you’ve been ordered by the court).

• Failing to attend counselling, if you’re told to do so by the court.

• Failing to complete community service volunteer hours that you’ve been ordered to do as part of your probation order or in cases of a house arrest charge.

• Failing to stay on good behaviour while placed on bail or on probation terms.

• Clearly failing to follow the conditions set forth and outlined in the peace bond.

Related Representative Work

R v. R.R.

Client charged with obstruct justice, interference with a justice system participant and fail to comply with recognizance x 4 had charges withdrawn in Oshawa after the commencement of the preliminary inquiry.  The defence raised evidence contradicting the main point of the complainant’s police statement.  As a result, the Crown chose to withdraw the charges rather than proceed.

R v. R.P.          

Client charged with obstruct police had charges withdrawn in Brampton Court on the day of trial.

R v. L.A.

Client charged with failing to appear in Court had charges withdrawn at 2201 Finch Court.  The Crown could not prove that the accused had missed court knowingly and as a result, the Crown chose not to proceed.