What is Failure to Comply With Recognizance?

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In Ontario, if you commit a crime, you may be let out on bail. Bail is a form of release that allows you to leave jail while you await trial. In addition to setting bail, a judge may place certain conditions on the release. These forms of release are called undertaking and recognizances. These supervisory orders may limit your liberties. In other words, you must follow certain rules like:

  • Be on good behavior.
  • Keep the peace.
  • Attend each court hearing.
  • Complete specific programs.
  • Staying away from alcohol, drugs or weapons.
  • Returning to residence at a certain time.
  • Staying away from specific individuals connected to the case etc.

One condition that is specified above is the condition of staying out of trouble, or keep the peace. The idea behind the law is to make sure an individual stays out of trouble while out on bail. In Ontario, anyone who is accused of another indictable offense while awaiting trial has also failed to comply with the undertaking and recognizances.

How Do the Police Know about the Compliance?

Typically, a surety is responsible for ensuring that you follow the conditions of release, and police may check up on you. For instance, he or she may check to see if you are still in Ontario or that you do not possess any firearms. If the surety or police officer finds that you have violated any of the conditions, he or she may report the failure to the court.

You are not considered automatically guilty of the crime. You must return for a hearing on the matter.

Consequences of a Failure to Comply with Recognizance

If you don’t follow conditions, it is considered a failure to comply with recognizance. The failure to comply with recognizance charge is separate from any other crime you were originally accused of committing. Per subsection 515(12), 522 (2.1) or 516 (2) there are two consequences of being guilty of failure to comply with recognizances:

  • An imprisonment term of two years if an indictable offense
  • A summary conviction.

In addition, your bail may also be revoked. Thus, you may have to return to jail until the outcome of your trial is resolved. If you are accused of an offense and have any of these restrictions on you, you must comply. If you don’t, it is a failure to comply with recognizances. You will want to speak with an experienced Toronto criminal lawyer about how to resolve this separate charge and avoid potential jail time. Individuals are found guilty of this crime when they do not have a lawful reason for a failure to comply. In some situations, a lawyer may be able to negotiate a way to resolve the failure to ensure you continue to comply with the conditions.

If you are facing a failure to comply with recognizance charge, contact Donna V. Pledge and her team today

Defending Your Robbery Charges

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According to the Criminal Code of Canada section 343, anyone who commits robbery is guilty and liable of an indictable offence. Robbery refers to stealing an item with use of violence. Violence such as snatch, physical abuse, or use of a firearm is the difference between robbery charges and theft or shoplifting offences.
Section 344 of the Criminal Code of Canada outlines the possible penalties associated with a robbery conviction. For example, a minimum of four years to a maximum of life imprisonment when there was a firearm used in the commission of the offence.

Other circumstances may lead to a range of sentences, including a sentence of life in prison.

Defending Against Robbery Charges

Robbery charges vary depending on the facts and circumstances of the case. For instance, your lawyer may choose to attack the intent element of a robbery charge. A client is required to have intent to rob the alleged victim. The following are other possible defences to robbery charges:

Identification

The Crown is required to prove that the accused actually was the one who committed the offence. The Crown may use eye witnesses and/ or video surveillance to establish the accused was at the scene of the crime. However, a lawyer will challenge the alleged evidence to prove that it could not, beyond a reasonable doubt, be the defendant.

The Detained Defense

Articulable cause is needed to stop the accused. In other words, the police must have reasonable suspicion that an individual committed a crime such as robbery to detain him or her. A mere hunch based on an officer’s intuition is not articulable cause. Thus, a lawyer may use this defense if their client was detained without cause and prior to the alleged stolen items being found.

Unreasonable Seizure or Search

Again, the police must have articulable cause to search the accused and/or his belongings. It is against Canadian law to allow police to look through a person’s belongings without having reason to believe, based on facts, that he or she committed robbery. If police do not have reasonable cause and search and/or take items, it is illegal. Any alleged evidence may not be introduced into trail if a Toronto criminal lawyer can prove that it was taken illegally.

Denied Right to Counsel

An accused has the right to a lawyer without delay when arrested for robbery. The individual must also be told of this right. Any time police do not explain this right to an accused, it is a violation of law.

Right to Make a Full Answer

The Charter allows a person accused of a crime such as robbery to obtain from the Crown information that would affect his or her defence. This includes surveillance video and witness statements.
A robbery offence is serious. If you or a loved one is charged with this offence, contact Toronto criminal lawyer Donna V. Pledge. You deserve the best defense possible, and Donna V. Pledge has a long track record in successfully defending clients accused of offences such as robbery. To schedule a free consultation, contact Donna’s Criminal Toronto office.

Uttering Death Threats

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According to the Criminal Code, uttering death threats or making threats of bodily harm to any person is a criminal offence. Threatening to burn or otherwise damage personal property or making threats against any animals owned by a person is also punishable under this law. Uttering death threats and writing death threats either in printed form or online are also illegal. Penalties depend on whether the defendant is prosecuted by a summary conviction or indictment at trial. In order to convict an individual of uttering death threats, the Crown has to prove that the defendant committed the action knowingly with the intent to convey harm to another individual.

Possible Penalties

Penalties for uttering death threats in Ontario depend on the prosecution. Most death threat cases are prosecuted by summary conviction, which requires a trial before the Ontario provincial court. The maximum penalty for a summary conviction is six months in prison. If the prosecution decides to pursue an indictment, the defendant has the right to either settle a plea bargain or go to trial by jury. The maximum penalty for a defendant in a trial by jury is five years in prison. The prosecution often decides between these two options based on a few things. Including the defendant’s criminal record, the personal history between the defendant and the victim of the death threats, and the overall severity of the threats themselves.

What the Crown has to Prove

The prosecution must prove that the threats were made knowingly and with the intent to intimidate the victim. The prosecution must show that the defendant was fully aware of what his or her words were meant to convey. It must be proven that the defendant intended their words to be taken seriously.

The Crown is not required to prove that the defendant was capable or willing to act on his or her threats against the victim. This is a common misconception. To be convicted, the defendant only has to be proven to have made the threats with the intent of intimidation, not actual harm. The intended recipient could also have never even gotten the threats for the defendant to be convicted. The defendant can therefore be charged even if he or she did not intend for the recipient of the threats to see them.

For the words used by the defendant to be considered a threat by the court, the court must determine if the words themselves should be considered a threat by a reasonable person, in the context of the situation between the defendant and the victim. How the words were interpreted by the victim is part of this assessment. The law is intended to sanction against threats intended to intimidate another person. The victim claiming that he or she perceived otherwise innocuous words to be a death threat is not enough. The words used in the threat must be perceived by the victim as a threat, and the prosecution has to establish that the words used were not innocently made or made in jest. This can be a complicated law to enforce, so defendants should seek expert legal advice when faced with this serious accusation.

Trust Your Best Defence

In order for a person to be convicted of uttering death threats, the victim need not know if the threat was made; only that the exact words used were established in court as intended to intimidate the victim. Whether or not the threat could have been carried out is irrelevant. As is the motive for making the threats in the first place. If you have been accused of uttering death threats, contact Donna V. Pledge for the best legal advice.

What Is Diversion?

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An alternative to prosecution for criminal cases, diversion programs are offered by courthouses across Ontario. If the Crown decides that it is unnecessary to take your case to trial, you may be eligible for one of many programs. However, to determine whether this could be a valid and suitable option for you, you first need to understand what a diversion is.

What Is Diversion?

There is no easy answer as to “what is diversion?”, as programs vary considerably in every courthouse and for every offense. One thing all programs do have in common is that they involve completing an activity outside of a court order to enable the Crown to withdraw charges.

Programs range from the very formal, such as the Mental Health Diversion and Extra Judicial Sanctions in the Youth Court, to quite informal, such as making a donation to charity or partaking in a few hours of community service as a way to counterbalance the harm you caused.

Eligibility for Diversion

Most minor offenses are typically eligible for diversion. Such examples include shoplifting an inexpensive item, minor fraud (failing to pay a transit fee, for instance), causing a disturbance, minor property damage, or the possession of a small quantity of marijuana for personal use.

In addition, you will usually only be eligible for diversion if you lack a criminal record. Even dealings with the police that led to no charges may limit your eligibility for diversion. However, all cases are decided on an individual basis. This means it is not always possible to know in advance if you will be offered a diversion.

Only the Crown is authorized to determine whether a case is eligible for diversion, not a judge or justice of peace. Similarly, you must satisfy the Crown in order to complete your diversion. The Crown may pre-approve your diversion, in which case this will be indicated in your disclosure. If you are not pre-approved, your lawyer may request a resolution meeting with the Crown to discuss this possibility.

Completing Diversion

Normally, completing a diversion will mean you do not gain a criminal record. This is the main reason people choose this option over going to trial. However, you should consult with your lawyer beforehand to determine how completing a diversion may affect you in the future.

You can change your mind about completing a diversion at any time and instead have a trial on your charges. It is important to remember that although everyone has a right to trial within a reasonable timeframe, if you do begin a diversion, you are responsible for the delay to your trial and cannot argue that the court violated this right.

If you are charged with an offense, a criminal lawyer may be able to help you receive diversion. Even in the case that you are pre-approved for diversion, it is necessary that you speak to a lawyer before deciding on the right course of action for you. Contact Donna V. Pledge for more information about diversion and legal advice with your case.

Have You Been Arrested or Detained? You Have a Right to Counsel

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Understanding the Right to Counsel

Although it is not as famous as some of the other rights listed in said document, the right to counsel is nonetheless enshrined in Section 10 of the Canadian Charter of Rights and Freedoms. Since this document is part of the Constitution of Canada, it is as applicable in the province of Ontario as the rest of Canada.

The existence of this particular right has two important implications. First, it means that you have the right to contact a lawyer for legal advice about your situation without delay in the event of either your arrest or your detention. Second, it means that you have the right to be informed about your right to contact a lawyer for legal advice.

The Importance of the Right to Counsel

First and foremost, the right to counsel is important because it is one of the cornerstones of the right to a fair trial. After all, the law is complicated, meaning that a lack of knowledge can create all sorts of hurdles and other serious complications for people who come into contact with the legal system. For most people, this is a problem that can be remedied with an expert’s understanding of both the law and the legal system, which is easiest to find in skilled and experienced Toronto criminal lawyers such as Donna V. Pledge.

In fact, the right to contact a lawyer for legal advice is seen as being so crucial that you will be provided with a lawyer by Legal Aid Canada if you cannot afford the cost on your own. That’s something that speaks volumes about its importance to the legal system.

In more practical terms, you should contact a lawyer for legal advice if you are ever either arrested or detained for the simple reason that it leads to a better outcome for you. Not only will a lawyer be able to explain your situation to you, but he or she will also be able to provide counsel on the best methods with which to defend yourself against the charges brought against you. For example, if the police are asking you questions, having the assistance of a skilled and experienced lawyer will be invaluable; because what you say can be used to prosecute you.

Contact Us

To learn more about how a skilled and experienced lawyer can help if you are ever either arrested or detained, please contact us as soon as possible.

Legalization of Marijuana in Canada, Cannabis Act, Bill C-45

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What will be legal?

In 2018 Canadian adults will legally be able to possess, grow and purchase limited amounts of marijuana. Specifically, Canadian adults will be legally able to possess 30 grams or less of dried marijuana, or it’s equivalent. What that means is that an adult will be able to have that amount on their person but will not be able to use it in any public place, motor vehicle or work place. However you will be able to use, smoke or alter the marijuana at home. One will also be able to transfer the marijuana to another adult, but it will be a serious criminal offence to transfer it to a young person. An adult will be able to grow a maximum of 4 marijuana plants at any given time, but must keep the height of the plants to 1 meter or less. The marijuana plants can be legally grown either inside or outside your personal residence.

Where will you be able to purchase the marijuana? 

In Ontario the LCBO will be overseeing the retailing aspect. However, the stores, for the sales of cannabis products, will be stand alone stores. An adult will be able to purchase fresh or dried cannabis, cannabis oil and plants and seeds for cultivation. You will also be able to purchase cannabis, fresh, dried or oil, and plants and seeds online from a federally licensed producer.

Will there be any marijuana related offences left after the legalization? 

It will be a crime to possess, grow and sell illegal marijuana, that is to say marijuana that is not produced by a federally licensed producer. Further it will still be illegal to import or export marijuana. As well there will be new marijuana related offences targeting those persons who distribute or sell marijuana to young persons. If you are charged with any offence you should seek experienced criminal defence counsel, Donna Pledge, Barrister & Solicitor, email: donnav.pledge@bellnet.ca, tel: 416-630-8702.

Proposed new legislation for impaired by drugs?

The Canadian government is also proposing new legislation(Bill C-226) making the testing and prosecution of impaired driving by drugs easier. Perhaps these government proposals are as a result of the impending legalization of marijuana. The government may have concerns that once marijuana is legal, that that will result in increased incidents of impaired driving by drugs. This proposed legislation involves providing an oral body fluid sample at the side of the road, if a police officer suspects a driver has a drug in their body. This would be similar to the roadside screening device presently used at the roadside to detect alcohol. If the roadside device confirms that a driver has a drug in their system, the police officer will then have a choice of either pursuing a drug recognition evaluation or a blood sample.

These options would save valuable time when testing  for drugs, such as THC, which leaves the body very quickly. Just as with alcohol there would be proposed legal limits of THC. Given the impending legalization of marijuana, one has to be very careful making the decision as to whether or not drive after using marijuana. In fact it would be prudent to follow the same motto related to drinking and driving of “DON’T DRINK AND DRIVE”, and “DON’T DO DRUGS AND DRIVE”.

However if you ever find yourself charged with either drinking and driving or impaired by drugs you should hire an experienced criminal defence lawyer, Donna Pledge, Barrister & Solicitor, email: donnav.pledge@bellnet.ca, tel: 416-630-8702.