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CaptanLaw, Lawyer
Category: Canada Law
Satisfied Customers: 245
Experience:  I'm a criminal defence lawyer, who assists individuals charged with crimes.
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What happens if there was a warrent and now you have to go

Customer Question

What happens if there was a warrent for you for breaching and now you have to go to court for it even tho you delt with the charges you breached from
Submitted: 1 year ago.
Category: Canada Law
Expert:  CaptanLaw replied 1 year ago.


I'm a criminal defence lawyer and can try and assist you with your inquiry.

If you are charged with a violation of a court order (for example, a bail condition, probation condition or peace bond condition), this is an entirely different allegation or charge in comparison with what you were initially charged with (or found guilty of) which led you to be placed on conditions.

Even if your underlying charges have been dealt with (regardless of whether you were found guilty or not), the police can still lay a criminal charge for breaching after that case is complete, provided that any limitation period is met.

To give you an example, let's say person X is facing an assault charge and released on a bail that prohibits him from having contact with person Y. Let's assume that X is charged on May 1, 2016. Let's further assume that the Crown eventually withdraws the charge against X because of a lack of evidence on June 1, 2016.

After the case is done (ie, after June 1), Y went to the police and reported that X had been calling her between May 1 and June 1 repeatedly. The police could then lay a charge of Breach of Bail, even though the alleged violation was reported after the case was withdrawn and there were no outstanding charges.

Does that make sense?

Customer: replied 1 year ago.
Lets say the breach was over the consumption of alcohol what kind of charges would i be facing is that minor to the courts or could i be facing jail time for that even tho it was years ago
Expert:  CaptanLaw replied 1 year ago.

Any breach of a court order is generally considered a somewhat serious offence. Whether jail is a likely outcome or not will largely depend on your record. I have secured all sorts of non-custodial sentences for clients charged with breaches, including for breaching an alcohol consumption prohibition term. I have had clients receive Discharges for breaches. A Discharge is not a criminal conviction, and simply a finding of guilt.

In addition to the criminal record aspect, the Courts may also want to know, in a situation like this, whether there was a substance abuse problem, for which the accused sought treatment. If that's the case, that would be considered a mitigating factor weighing towards a non-custodial (non-jail) sentence.

Moreover, if the allegation arises from years ago, the Crown may have difficulty proving it, if there are missing witnesses, missing documents, etc. If the warrant is processed and you are charged, I would strongly recommend seeking legal advice before deciding what you wish to do with the charge.

I hope that helps. If it has, please consider providing a positive rating.

Thanks and good luck!

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