Administration of Justice Offences Lawyers Calgary

Administration of Justice Offences

Definition

The “Administration of justice offences” include the Criminal Code violations of failure to comply with conditions, escape or help escape from custody, prisoner unlawfully at large, failure to appear, breach of probation, and other offences against the administration of justice i.e. impersonating a peace officer, corruption and disobedience, misleading justice, and perjury.

Breach & Failure to Comply

A breach or a failure to comply charges can be laid by police if you do not meet the requirement of your probation order or bail conditions. Any time that you are released from custody or given conditions as part of a sentence, police have the discretion to charge you with a criminal offence if you do not meet them. A breach may also arise from breaking conditions of a peace bond or recognizance.

After Bail Conditions

A charge of failure to comply with bail conditions carries a maximum sentence of two years of jail, making this offence potentially more serious than the original offence you were charged with. Additionally if you are found guilty on this charge, it could make any other charges you have pending worse. Failure to comply convictions will also make future attempts at receiving bail more difficult.

Conditions often include having to regularly check in with police or someone responsible for looking after you (a surety), remaining in the province, a curfew, staying away from certain places or people, and prohibitions on possessing a firearm. If you are charged with another serious (indictable) offence while out on bail, this is also considered to be a breach of bail conditions.

Your lawyer can assist with you changing bail conditions between your release and the trial. Sometimes these conditions can also be confusing, so make sure to speak to your lawyer if there is something you want to do and you are not sure if it will breach your conditions.

During Probation

If you’ve received a period of probation instead of jail time or in addition to jail, you will receive conditions and be required to report to a probation officer. Failing to meet the conditions could result in you being arrested and charged for a separate offence of breach of probation.

There are three mandatory probation requirements, plus usually a few more that the judge feels appropriate:

  • Keep the peace and be of good behavior
  • Appear before the court when required to do so by the court
  • Notify the court or the probation officer in advance of any change of name or address
  • Promptly notify the court or the probation officer of any change of employment or occupation

Other conditions usually require that you report to a probation officer, perform community service, and attending drug or alcohol treatment programs. A serious breach can result in a maximum of two years in prison.

We will defend you and fight against the breach charges as well as any original charges. It’s important to engage a lawyer for these charges because if you are convicted it tells the court that you are unable to play by their rules. This will hurt your criminal record and make all future problems with the law even worse.

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Administration of Justice Offences

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Michael answered his phone at 10 o’clock at night and he and his associate helped us navigate the intimidating criminal justice system over the next 72 hours. They were available to us 24/7, clearly explained our options at each step and answered all of our questions promptly. It felt like having a guardian angel watching over us. If you have a criminal matter that you need assistance with, this is the man you need to contact.

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I was charged with assault for a minor scuffle. I knew I was in good hands with Michael’s solid legal advice and preparation for my pending case. Because of his knowledge, advice and legal expertise, all charges were dropped. Michael and his team take pride in providing not only the right result, but quality customer service along the way. I heartily recommend Michael Oykhman to anyone seeking legal counsel!

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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.