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Showing posts from March, 2023

Failure to Comply with Bail Conditions in Canada

When an accused person is released on bail, it is possible that there may be conditions that they will have to comply with while they are released. Conditions can vary depending on the circumstances, but may include a curfew; a no-contact order; and/or a prohibition from consuming drugs or alcohol. It is generally considered a criminal offence to violate or fail to comply with any of the conditions. Being found guilty of violating bail conditions will result in a criminal record and could potentially lead to jail time, even for a first offence. Additionally, having a criminal record that includes a failure to comply with bail can make it much more difficult to receive another release on bail in the future. Given the serious nature of the possible consequences for being found guilty of violating a bail condition, it is critical that you speak with an experienced defence lawyer. They will be able to work with you to determine the best defence for your situation. What Happens If I Fail...

Domestic Violence: Is It a Felony or Misdemeanor?

In Canada, the Criminal Code does not distinguish between “felony” or “misdemeanour” charges; this is a misunderstanding stemming from the American Criminal Justice System. However, this article will endeavour to provide some insight into these types of charges in the American Criminal Justice System. Domestic violence refers to any act of violence or abuse which occurs within a home setting. Generally, domestic violence refers to abuse between partners, but it can apply to anyone living in the same home, including a relative or roommate. In the United States of America, a charge of domestic violence can be considered a felony or a misdemeanour, depending on the specifics of the situation. It will also highly depend on in which state the crime occurred. Very simply, misdemeanours can be understood to be crimes that are punishable by up to one year in county jail. On the other hand, felonies are considered to be the most serious type of criminal offence. Police officers, in consultati...

Refusing To Take A Breathalyzer Test in Canada

Have you ever gone out for a fun night out and found yourself pulled over, police lights flashing, being asked to take a breathalyzer test on your way home? The initial response is usually panic. This blog post will address any questions you have when it comes to being asked to take a breathalyzer test and what happens if you refuse to take it. Can I Refuse To Take a Breath Test? As an easy rule: do not refuse a breathalyzer . Under section 320.15 of the Criminal Code , refusal of a breathalyzer is a criminal offence. Police cannot force you to take it, but the refusal to do so will result in a criminal charge and therefore, lifelong consequences. Some people assume that if they do not provide a sample, then there is less evidence for a drinking and driving charge. This assumption is incorrect. Refusing to complete a breath test will work against you in court and will weaken your defence for a drinking and driving charge. To summarise, take the breathalyzer. A common misconception i...