Breach Offence Lawyers Calgary

Breach Offence Overview

There are three main types of breaches you may be charged with:

  • Breach of Recognizance or Undertaking;
  • Breach of Probation; or
  • Breach of Conditional Sentence Order

Each type of breach is different and carries with it very different consequences.  It is therefore important to properly identify the type of breach alleged.

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.

Breach of Recognizance

A Breach of Recognizance or Undertaking refers to a breach of conditions of release. This may occur when you are still out on bail on charges that have not yet been resolved, and you have been accused of breaching the terms of your release. These beaches also include charges for Failing to Appear in Court, and Failing to Appear for Identification. A particularly damaging consequence of this type of charge is that you may lose the bail money you put up on your substantive charges.  A conviction for this offence also carries its own penalties and will be registered on your criminal record.

Breach of Probation

A Breach of Probation refers to a breach of conditions of sentence. This occurs once you have completed a matter and have been placed on probation as punishment for the underlying offence. A finding of guilt for this offence will usually result in a conviction being registered on your criminal record and a fine or jail sentence being imposed. In rare cases, you may be re-sentenced on the original charges for which you had received probation.

Breach of Conditional Sentence Order

A Breach of a Conditional Sentence Order refers to a breach of conditions of a house arrest sentence. Unlike a Breach of Probation, a finding that you have in fact breached the conditions does not result in a criminal record. However, a finding that one of the conditions has been breach creates a significant risk that you will spend the rest of the house arrest sentence in actual jail. Moreover, until the matter is decided, your house arrest sentence is suspended, and the duration of the sentence is in effect extended even longer. This type of breach will likely have the most serious implications for you and should be taken very seriously.

Breach Offence Charge

In order to uphold the integrity of the justice system and ensure the rule of law, the government has made it a criminal offence to breach most types of court orders and release documents issued in the context of criminal proceedings.

These orders can come in many forms, including:

  • Appearance Notice
  • Promise to Appear
  • Undertakings to an Officer in Charge
  • Undertaking to a Justice
  • Recognizances
  • Probation orders
  • Peace bonds
  • Restraining orders
  • Emergency Protection Orders
  • Conditional Sentence Orders

As you might expect, Judges do not treat people who are alleged to have breached a court order made by one of their fellow judges lightly. This seriousness is demonstrated at all stages of your criminal case. Our criminal defence lawyers have the skills to help you defend against an allegation that you breached a court order.

Some of the most common breaches of court orders we deal with are:

  • No contact with a victim or witness involved in your case;
  • Not to possess or consume alcohol;
  • Not possess any weapons;
  • Being out past Curfew;
  • Not leave the Province of Alberta;
  • Not attend a certain residence or city;
  • Failure to attend for fingerprints;
  • Failure to appear for court;
  • Fail to attend to a probation officer;
  • Fail to take treatment or counselling under a probation order; and
  • Not be found behind the wheel of a motor vehicle

Bail Conditions for Breach Offences

The first point at which you will witness the seriousness of this allegation is when it comes to the “bail” stage, when the police and/or Justice of the Peace decide whether or not you will be released from custody while your charge winds through the court system.

It takes special skill to convince a police officer or Justice to release you when you are alleged to have breached a court order, because the allegation already demonstrates that you may not obey any conditions if you are re-released.

Based on your case, we may be able to develop a defence to the charge centering on one or more of the following issues:

  • Was the court order actually in force at the time of the alleged offence?
  • Did you have a good reason for breaching the order?
  • Did your conduct actually amount to a breach?
  • Was the order so confusing or vague that it is not possible to determine if you breached or not?
  • Are there any issues with the truthfulness or accuracy of the Crown’s witnesses to the alleged breach?

Changing your court order

If you are currently subject to a court order that is causing you excessive hardship, contact us immediately. We can help!

Depending on the specifics of your case, we may be able to have the problematic condition amended to allow exceptions, narrow it down, make it more flexible, or have it deleted altogether.

Achieving this requires a confident, trustworthy advocate on your side. We are skilled at negotiating changes to court orders with the prosecuting lawyer, and where that fails, we can apply to a judge.

Before the judge or prosecutor will agree to the change, they must be convinced that changing or removing the conditions will not compromise the safety of the alleged victims or witnesses on your case, or give you an opportunity to re-offend. Proving to them that requires sensitivity, truthfulness, and convincing legal submissions. Our Calgary-based criminal lawyers bring all those skills to your case.

The Sentence

A conviction for breach of a court order will have a significant impact on your ability to get bail if you are ever alleged of a crime in the future. Do not make the decision to plead guilty lightly. Let us help. We will review the Crown’s case against you and your side of the story, and together we may be able to help you beat the charge.

If you are found guilty after a trial, or wish to plead guilty to minimize the damage, we can help! We may be able to negotiate a guilty plea to a non-criminal offence, or arrange for out-of-court resolution of your charge.

The maximum punishment for breaching most court orders is 2 years in jail, and/or a period of probation of up to 3 years, and/or a fine of several thousand dollars.

Client Reviews

Michael Oykhman is a very professional lawyer and the first time I spoke to him he asked about my situation and he gave me some very helpful advice and assistance and also told me his odds of winning this case. During the days I was in contact with micheal I could feel the level of professionalism of him and his team, he is able to respond back to you with any questions you have within 24 hours. In the end he was as successful in helping me win my case as he had initially promised me.If you are still struggling to find a lawyer, I highly recommend Michael Oykhman.

R.W.

Please give yourself a favour and contact Mr. Michael Oykhman if you need any legal advice or if you are in a terrible situation. Even-tough, the odds are not in your favour, still they will go extra miles to help you out in bad situation and get you favourable outcome. Moreover, They will work on your file even after the business hours. I don’t have words to say thanks to Mr. Michael oykhman and Kiran Cheema who had worked on my file and get me out of trouble. I’m very grateful for your assistance and exceptional service. HIGHLY RECOMMENDED.

Y.

I am grateful that Ms. Moira McAvoy was my lawyer, and I remain thankful to her for everything. She made a successful resolution to my case possible. Ms. Moira McAvoy is a professional, trustworthy lawyer, and a compassionate person. She is an excellent listener and knowledgeable of the law. From the start, she was an excellent guide. I did not know anything about the legal system and court, and she outlined everything clearly in advance, so I could understand things. She never rushed me through anything. She spoke clearly, explained everything, considered what I said, and provided options and advice. She kept me up to date on new information, requirements, and deadlines. She was always positive and this helped so much.

C.S.

Ryan Patmore and his team are simply the best. I was bullied by CPS in 2020 and it landed me with three separate charges, assault, refusal to blow and DUI, which all went down as I was parked at a friends. After some research and a conversation with Michael, he directed me towards Ryan and at the time I didn’t know that would be a game changer in my favour! He is honest, transparent, helpful and a brilliant mind. He successfully appealed my license suspension with ATSB and then proceeded to get the crown to dismiss all my charges before trial. I never had to step foot inside a courtroom. If you are in need of a criminal defence lawyer, don’t think twice, get in touch with this firm and ask for Ryan Patmore! The guy is an absolute saviour.

A.P.

Joseph Beller, from the very beginning when I first contacted and then retained Joseph as my representative I felt I was in good hands. When I emailed him with a question. I got a prompt response. We communicated often on the phone as needed. Joseph kept me informed as to the process. He made sure I knew all the potential results so I knew and could plan for the different outcomes. I know this his his job. But appreciate his professionalism and also his ability to not make me feel any extra stress. Well done.

N.B.
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