Being released on bail is a critical opportunity for individuals awaiting trial to remain in the community instead of being held in custody. However, bail comes with strict conditions set by the court, and any breach of those conditions is treated seriously under Canadian Law. If you are accused of violating your bail conditions, it can lead to new charges, revocation of bail, and significantly affect the outcome of your case. That’s why hiring an experienced criminal defence lawyer for bail violations is essential to protect your rights and fight for your freedom.
This article offers a comprehensive overview of bail conditions, what constitutes a breach, the legal consequences of a violation, and how a defence lawyer can help you navigate this complex legal situation.
Understanding Bail and Release Conditions in Canada
When an individual is charged with a criminal offence, the court may decide to release them on bail, also known as judicial interim release. This decision is based on several factors, including the nature of the offence, the risk to public safety, the likelihood of the accused appearing in court, and the strength of the prosecution’s case. In most cases, bail is granted with specific conditions that must be followed until the matter is resolved.
Common bail conditions include reporting to a police station or probation officer, residing at a specific address, obeying a curfew, abstaining from drugs or alcohol, avoiding contact with specific individuals, and not possessing weapons. A surety—someone who agrees to supervise the accused and ensure compliance with bail terms—may also be required.
What is a Bail Violation?
A bail violation, also known as a breach of bail conditions, occurs when an accused person fails to comply with any of the terms outlined in their release order. It does not matter whether the breach was intentional or accidental; even minor infractions can lead to legal consequences.
Examples of bail violations include failing to report as directed, communicating with someone you are ordered not to contact, being found in possession of prohibited substances, missing a court date, or failing to reside at your approved address. Some breaches may occur without any criminal intent, but the law still treats them seriously.
Legal Consequences of Breaching Bail Conditions
Under section 145 of the Criminal Code of Canada, failing to comply with bail conditions is a criminal offence in itself. If convicted, you could face additional penalties that go beyond your original charges.
Consequences of bail violations can include a new criminal charge for failing to comply, immediate arrest and detention pending a new bail hearing, increased difficulty obtaining bail in the future, stricter release conditions if granted bail again, and a negative impact on your original case, especially if it proceeds to trial. A breach can also damage your credibility in the eyes of the court and the Crown prosecutor.
For repeat breaches or more serious violations, the penalties can escalate, and a court may be less likely to grant bail again. In some cases, the Crown may argue for your detention until trial.
Why You Need a Criminal Defence Lawyer for Bail Violations
A bail violation charge is not something you should take lightly. It can complicate your legal situation and result in harsher treatment by the court. An experienced criminal defence lawyer for bail violations can help you in several important ways.
Your lawyer can represent you at your bail revocation hearing and argue for your continued release. They will challenge the Crown’s evidence if there is a question about whether the conditions were actually breached. They can explain the circumstances behind the alleged breach, especially if it was unintentional or due to misunderstandings or emergencies. They may also negotiate with the Crown to withdraw the breach charge or agree to less restrictive bail conditions.
In cases where bail has already been revoked, your lawyer can prepare a strong plan of release to help secure your freedom again. This might include proposing a new surety, additional supervision, or revised conditions that satisfy the court’s concerns.
Defence Strategies for Bail Violation Charges
There are several legal strategies that a defence lawyer can use to defend against a bail violation charge. One of the most common is showing that the breach was not willful. If the breach was accidental or the accused took reasonable steps to comply, the court may consider dismissing the charge.
A lawyer may also challenge the accuracy or credibility of the evidence used to prove the breach, especially in cases involving alleged contact with protected persons or curfew violations. In some cases, the lawyer can argue that the original bail conditions were unreasonable or difficult to comply with, particularly if circumstances have changed since the release.
If your Charter rights were violated during your arrest or detention following the alleged breach, your lawyer may file a Charter application to exclude evidence or have the breach charge dismissed.
Can Bail Conditions Be Changed?
Yes. If your circumstances have changed or if the original conditions are too restrictive, your lawyer can apply to the court to vary your bail conditions. This process involves filing a formal application and potentially attending a hearing, where your lawyer can present arguments and evidence in support of the requested changes.
Common examples include requesting permission to contact a family member, lifting a curfew for employment reasons, or changing your residence address. Modifying bail conditions must always be done through the proper legal channels—violating them in the meantime is still considered a breach.
Why Choose De Boyrie Law for Bail Violation Defence
At De Boyrie Law, we understand how stressful and frustrating it can be to face a bail violation charge. Our legal team is experienced in defending clients against breach allegations and securing release under favourable conditions. We take the time to understand your situation and develop a strategy that protects your rights and increases your chances of staying out of custody.
Whether you are accused of violating your bail conditions or need to apply to change them, we will guide you through every step of the legal process. We have a strong track record of helping clients avoid further charges, challenge unfair conditions, and maintain their freedom while awaiting trial.
Schedule a Free Consultation with De Boyrie Law
If you are facing a charge for a bail violation, don’t wait to seek legal advice. Contact De Boyrie Law today for a free, confidential consultation. We will assess your case, explain your legal options, and build a defence strategy to protect your freedom and future.
Alex De Boyrie is an experienced Criminal Defence Lawyer covering Toronto, and the Greater Toronto Area.
In short, Alex’s experience ranges from working on bail hearings, sexual offences, weapons and firearms, assault charges, drug offences, youth crimes, Impaired Driving, and other criminal offences.
