Breaching Offence Lawyer Calgary

Have the police arrested you for breaching the terms of a court order in a criminal case in Calgary? Violating the court’s orders can have significant consequences, including spending time in jail or facing a new or revised criminal sentence for an underlying conviction. Contact Wyman & Williamson as soon as possible after an arrest on breaching offence charges for a free case evaluation to speak with our criminal defence lawyers about resolving your charges. 

In Calgary, some of the most common examples of breach charges include:

Breach of Recognizance

A breach of recognizance occurs when a person violates the conditions of their release pending trial on criminal charges. Breaches of recognizance can include breaching the terms of bail or failing to appear for scheduled court hearings. When a person commits a breach of recognizance, they may forfeit any bail money they posted to secure their release; the court may also order the person detained pending trial. 

Breach of Probation

A breach of probation occurs when a person breaches the terms of their probation sentence, such as by failing to report to police or committing new criminal offences. A breach of probation will result in the placement of a criminal offence on one’s criminal record and resentencing for the original offence that resulted in the person’s probation. 

Breach of a Conditional Sentence Order

A breach of a conditional sentence order occurs when a person violates the terms of a house arrest sentence. Breaching the terms of a house arrest sentence may lead the court to order you incarcerated for the remaining term of your sentence. 

Failure to Comply with a Release Order

A court may release a defendant pending trial under a release order, which can impose various conditions. These may include regularly reporting to a law enforcement officer, remaining within the province, notifying law enforcement of changes in residence or employment, surrendering one’s passport and firearms, and refraining from contacting alleged victims or witnesses or going to specific places. 

Breach of a Court Order

Courts may issue various orders during criminal proceedings, such as appearance notices, undertakings to an officer in charge, probation orders, peace bonds, restraining orders, emergency protection orders, recognizances, and conditional sentence orders. 

Defendants facing prosecution for breach charges may pursue various defences to contest their charges, including:

• Ambiguity: A defendant may highlight the ambiguity of a court order term they allegedly violated, arguing that the vague nature of the term failed to put them on notice of prohibited conduct. 
• Impossibility: Defendants may argue that their circumstances made it impossible for them to comply with the terms of a court order. For example, a defendant may raise an impossibility defence when a court order requires the defendant to meet with a probation officer at the same time that the defendant must appear in court for a hearing. 
• Necessity: A defendant may assert a necessity defence, such as when they had to violate the terms of house arrest or curfew to seek medical treatment for themselves or a household member. 
• Honest mistake: A defendant may request lenity from the court for a minor technical violation of a court order that resulted from an honest mistake, such as when a defendant attends an event without knowing that the person they cannot approach due to the court order has attended the same event. 

A defendant may also argue that the Crown prosecution lacks sufficient evidence, such as eyewitness testimony, surveillance footage, or cell phone/electronic monitoring data, to prove that the defendant violated the terms of a court order. 

A breach charge can result in various consequences depending on the nature of the breach. First, disobeying a court order may constitute a separate criminal offence that may lead to the imposition of new criminal penalties upon conviction. In many cases, breaching a court order can also result in sentencing or resentencing in the underlying criminal case the court order arose from, such as when an individual breaches a probation or conditional sentence order. Breaches of recognizance or a release order may lead the court to order a defendant detained pending trial in the underlying criminal case. 

You can give yourself the best chance of avoiding breaches of court orders by speaking with an experienced criminal defence lawyer to review the terms of the court order. A lawyer can help you understand potentially ambiguous or confusing terms in the court order to explain your obligations or what kinds of conduct you may not engage in under the order. You can also consult with your criminal defence lawyer before undertaking any conduct that may violate the terms of your court order.

A court may impose various conditions of bail when releasing a defendant pending trial in a criminal case, including:

• Reporting to the police at particular times
• Remaining within the province or territory
• Notifying police of changes in residence or employment
• Refraining from direct or indirect communication with victims, witnesses, or other identified individuals
• Refraining from entering specific locations
• Surrendering any passports and weapons

Courts can impose any other conditions reasonably necessary to ensure the safety of alleged victims or witnesses, protect the public, and ensure the defendant’s appearance at all court hearings.

One of the most effective ways to avoid prosecution on breach charges includes modifying the court’s order. You may have grounds to seek an amendment or an exception to a court order when the terms of the order cause you excessive hardship.

Facing Charges? We can help!