Fail to Comply With Bail

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You can be arrested and charged with criminal offence if you fail to comply with bail.
Before being released from custody, an accused person usually has to comply with various conditions. An undertaking or recognizance will list these conditions. The accused can be charged with failing to comply with a recognizance if they do not obey a specific condition of their release.
There are unfortunately many allegations of breaching a bail order in the criminal justice system. When a defendant fails to comply with bail, the judiciary treats it harshly as an offence against the administration of justice.

In order to prove that you intended to violate a specific condition of your release, the Crown Attorney has to prove that you failed to comply with an undertaking. It is often possible to infer the intention of a person based on their circumstances, but it is not always the case. If, for example, a person is bound by a curfew of 9 pm and found outside her house at 9:15 pm, it does not mean that she intended to violate her bail condition. There may be an excuse for why the accused is outside his residence. In the event the trial judge believes that the accused has a reasonable excuse for failing to comply with the recognizance, he would be acquitted.

It is possible that a person could not have a reasonable excuse for failing to follow a recognizance. However, you should keep in mind that the Crown must prove its case beyond all reasonable doubt. In many cases, there are many evidentiary hurdles to overcome for the Crown to prevail. A lawyer is the best person to discuss the particular facts of your case since defending an allegation of failure to comply involves many technical aspects.

A conviction for failing to comply with a recognizance is a serious crime. The offence can result in a jail sentence for a first-time offender, but is also likely to make it more difficult for that person to be released on bail if he is charged with another crime in the future. Last but not least, if you fail to comply with a recognizance, your surety will lose the money he pledged to the Court when he signed bail for you.

To discuss your case if you are charged with failure to comply with a bail, contact SC Criminal Defence.