In a case of breach of recognizance, you should look for expert help because the court takes breaches quite seriously. The judge will go to the extent of issuing a bench warrant against the accused person. This is because the court thinks the accused person is not respecting the court order and shows negligence.
When you are charged with a breach, you may need a whole lot of legal documents, and the best starting point would be Lawdepot.com, which has numerous positive reviews. You can opt for free assessments, which will not cost you anything.
Though there are many legal services available in the market, you should try to avoid the traditional criminal law firms. You should also pay attention whether the law firm gives immediate appointments and are available on the weekends.
Hiring An Experienced Criminal Lawyer
If you have been accused of Breach of recognition of bail doesn’t mean you will be convicted. These cases are complex, and hundreds of other variables don’t assume that you will not do not have a defense. If the lawyer you choose is experienced in the field of a breach or fail to comply, then he may be able to give hundreds of legit defenses to save you from the case.
Breach Of Recognizance
The breach of recognizance offense is well defined in s.88 under the criminal code of Canada. The charge will be put-forth when a person has breached more than one terms of their bail. This offense will constitute in another criminal offense. When a person is prosecuted by warrant, the greatest penalty for this offense will be a minimum of 2 years in jail. A few examples when this charge may be laid are as follows:
· Failing to stay at the address submitted in court.
· Failing to get counseling as said by the court.
· Staying away from one’s house even after hours stated by the court.
· Keeping in touch with people whom a court has said not to have communication.
· Staying within an area violating the order of court not to stay within the area specified.
Courts are usually strict about breaches as they assume that the accused person pays less respect to court orders and is careless to follow them. The options of sentencing will include real and conditional discharges, fines, suspended sentences, and custody period. A probation order can also be included in the sentence.
Based on the kind of breach it is usual for the accused person to be punished for a certain period in custody, If a person is found guilty of a breach, then it is very difficult for the person to get bail shortly as they have shown carelessness to follow orders from the court. This is the main factor to be considered when deciding on how to move further with a charge in breach.
Few people wonder whether the breach would be a big deal. In reality, it will still be a criminal record. The breach will be hard to be granted bail as the convicted person has shown less respect to court orders.