Courts take failures to follow their orders seriously. They view disobeying a court order as showing disrespect for the justice system.
Failing to comply with a court order could lead to time in jail and will make it more difficult to receive favourable treatment from the court in the future.
What is a Failure to Comply or Appear?
You can be charged with Failure to Comply or Appear if you:
- fail to attend at court or at another place at the time specified in an undertaking, appearance notice, promise to appear, recognizance or summons; or
- fail to comply with any condition of an undertaking, recognizance of bail or probation order.
What are the Potential Consequences of Failing to Comply or Appear?
The maximum sentence for failing to comply or appear is 2 years in jail.
If you have breached a condition of bail, your bail could be revoked, meaning that you will need to stay in jail until your court matter is decided.
If you have breached the conditions of a conditional discharge, the court could revoke the discharge, meaning that you will be convicted of the offence for which the discharge was granted and receive a sentence for this offence.
Furthermore, having a conviction for failure to comply or appear on your criminal record will make it more difficult to be released on bail or receive other favourable treatment from the court in the future.
How will DUVADIE Law Defend Against your Charges of Failure to Comply or Appear
As with any offence, if the Crown is not able to prove beyond a reasonable doubt that you failed to comply with the court order, you will not be convicted. For example, if it were alleged that you had breached your curfew and the evidence consisted of a sole witness, it may be possible to challenge the witness’ ability to identify you due to dim lighting conditions or other factors.
You may also be able to avoid a conviction for failure to comply or appear if you are able to show the court that you had a lawful excuse for this failure: for example, if you were being treated in the hospital at the time you were supposed to attend at court.
If you are facing a charge of failure to comply or appear, DUVADIE Law will launch a strong challenge of the Crown’s evidence and raise all defences available to you.
If you are facing a failure to comply or attend charge, please call DUVADIE Law at 613-422-1155 or Toll-Free at 1-855-422-1155 to set up your free 30 minute consultation.
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