When an individual faces a criminal charge in Canada, court orders should be taken very seriously. Anyone who is in breach of court orders and interferes with the administration of justice can face additional charges, including time in custody. At Pollock & Company, we can assist and help to ensure court orders are understood and followed.
Common breach of court orders
After a person has been arrested, a Court may release an individual pending the outcome of a criminal case. These releases typically come with several conditions or court orders.
- A Promise to Appear, for example, means that the individual will appear in court at the appointed time.
- A Probation Order may prevent an individual from using drugs or alcohol or associating with certain individuals.
- A Peace Bond requires an individual to remain on good behavior, among other things, and not be charged with any other criminal offences during its duration.
Any court order that is agreed to by an individual must be followed. Not following the conditions of an order results in a breach of the conditions and can lead to re-arrest, including time in custody.
Penalties for breaching court orders
The maximum sentence for breaching most court orders is 2 years of jail time, which can also include a probation period. Typically, the penalty is up to the judge’s discretion and may be less severe for more minor breaches. Breaching court orders may also affect the ability of an individual to obtain bail during trials for any future criminal offences.
Avoid breaching court orders
If you have been accused of a crime, a criminal defence lawyer is essential not only for your defence, but also to help you understand your court orders, your responsibilities to the Court, and how to avoid accidental breaches of court orders.
If you are in Winnipeg or rural Manitoba and need help with your criminal case, get in touch with the team of lawyers at Pollock & Company at 204.956.0450 or call 204.997.3967 for 24/7 support. Contact us today to receive a free phone consultation and tell us more about your case.