FAIL TO APPEAR, BAIL & PROBATION BREACH AND OBSTRUCT POLICE DEFENCE LAWYER
Breach Lawyer Ottawa • Breach Lawyer Toronto
What are Fail to Appear (FTA), Bail & Probation Breach (Breach), & Obstruct Police Offences
These are commonly known as affront to justice offences, because they are said to demonstrate disrespect for the judicial system.
Why Fight FTA, Breach, & Obstruct Offences
The punishments for these offences could be far more severe than the substantive offence you were originally charged with. Thus while something like shoplifting might merit diversion or a discharge, missing court on one occasion during a remand day for the charge could land you in jail.
Any of these offences has serious jail potential after conviction. But even more serious is their potential to get you denied bail and be locked up pending trial. All these offences strike at the heart of the bail criteria - being convinced an accused will show in court, and not breach bail conditions by committing new offences.
How to Fight FTA, Breach & Obstruct Offences: 3 Top Defences
1. I didn't mean to do it
These are all full mens rea offences. You might be able to secure an acquittal if a court believes that you didn't intentionally do them.
2. The paperwork was incorrect
If you received a document telling you the wrong court date or setting out improperly worded bail conditions, a court should not hold you criminally responsible for breaching something you didn't get in writing.
3. It never happened
While this defence won't usually work for a fail to appear, it could work well for breach or obstruct allegations. Was there truly proof beyond a reasonable doubt that you breach or obstructed?