What Is Breach of Probation or Undertaking?
Breach of Undertaking, Recognizance or Probation is governed under section 145 of the Criminal Code of Canada. It is an offence that essentially violates a court order of supervision that have been imosed based on or pending a disposition (a sentence). Undertakings and recognizances are supervisory orders that limit your liberty while a charge is pending, while probation is a form of supervisory order that is imposed by a judge as part of a sentence.
These are the following types of conditions to which a breach may occur: Failing to keep the peace; Failing to be of good behaviour; Failing to attend a court date; Contacting a named person you are to abstain from contacting; possessing or using drugs, alcohol or weapons; being outside of the residence at certain times; and failing to complete a counselling program or community service on time.
The Crown must essentially prove that the accused person intended to breach his or her probation, whereby they knew that they were bound by a probation order and its terms. Once this is established, the accused must then establish a lawful excuse for not complying with the order on a balance of probabilities.
At Scardicchio Law Office Professional Corporation, our Criminal Lawyers have the skills and knowledge to help you defend a breach of probation charge. We regularly appear for our clients defending Breach of Probation charges in Brampton, Milton, Newmarket and Toronto. When you retain our office, you are hiring competent lawyers who will give you the time to explain your side of the story. We will review your disclosure once you have retained us and we will successfully defend your case in the courts. If you would like to discuss your criminal charge of breach, please contact us at (647) 607-7529 and speak to a Criminal Lawyer immediately in a free, no-obligation telephone consultation. We want to help you through this difficult time, and our primary focus above all is to have your breach charge vigorously defended in the courts.
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