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Breaches of Court Orders

Breaches of Court Orders
Breaches of court orders are a special type of offence as defined under the Criminal Code of Canada. These include agreements made between the court and someone accused of committing some other form of criminal offence that are violated. Oftentimes court orders are part of bail hearing procedures, where the accused agrees to the terms and conditions the court presents in return for their freedom from custody to prepare the defence for their upcoming trial and for one reason or another violates the terms and conditions of bail, resulting in a breach of a court order. Contempt of CourtFailure to AppearFailure to Comply with a SummonsDisobeying a Court OrderFailure to Comply with Youth Probation OrdersBreach of a Peace BondFailure to Comply with Probation OrdersDisobeying a Court OrderFailure to Attend CourtFailure to Comply with Appearance NoticeFailure to Comply with Promise to Appear Notice Most court orders consist of specific conditions within the actual order, such as: Related:  criminallawyercadefencelawyersdefencelawyer

Disorderly Conduct Defence Lawyer Calgary Disorderly conduct criminal offences typically involve an act where the accused is charged with public defiance on some level. The seriousness of the offence could range from a minor charge of disturbing the peace to a more serious charge of inciting a riot. Common disorderly conduct criminal offenses, as defined by the Criminal Code of Canada, include: Common NuisanceResisting ArrestObstructions against a Police/Peace OfficerConspiracyPublic MischiefPerjuryIndecent ActsTrespassingOrganized CrimeAttempting to Commit and OffenceBeing an Accessory to an OffencePersonating a Police/Peace OfficerFabricating and/or Providing False EvidenceEscaping from CustodyAccessory to EscapeVagrancy There are different penalties for pleading guilty to, taking a plea arrangement, or being found guilty of disorderly conduct offences. In most cases, the Crown must establish the accused demonstrated some form of criminal intent in regards to the offence. Oftentimes, Mr.

Drugs Charge(s): CC: s.266 – Assault, s.264.1(1)(a) – Uttering Threats; CDSA: s.4(1) – Possession of Cannibis Resin (hashish) Allegations: My client assaulted his wife in their home while he was intoxicated. He became enraged, was pulling her hair and yelling at her, then punched a hole in the wall beside her. Result: On the day of trial, the Crown agreed to resolve with a Peace Bond for 12 months. Disorderly Conduct Charges: CC: s.140(a) – Public Mischief, s.430(3) – Mischief, s.266 – Assault, s.349(1) – Break & Enter a Dwelling and Commit an Indictable Offence, s.145(5.1) – Aid and Abet complainant to Breach his Recognizance. Allegations: My client had two sets of charges. Result: I negotiated a plea whereby she pleaded guilty to only the mischief charge (for vandalizing his truck).

Weapons | Criminal Defence Lawyer Calgary Charge(s): CC: s.239(a) – Attempted Murder, s.268 – Aggravated Assault, s.267(a) – Assault with a weapon (firearm), s.88(1) – Possession of a Weapon (firearm) for a Dangerous Purpose, s.87(1) – Pointing a Firearm, s.86(1) – Careless Use of a Firearm, s.85(1)(a) – Using a Firearm to Commit an Indictable Offence, s.90(1) – Carrying a Concealed weapon (firearm), s.91(1) – Unregistered Possession of a Firearm, s.95 – Possessing a Loaded Firearm, s.92(1) – Unlicenced Possession of a Firearm, s.96 – Possession of an Illegally Obtained Firearm, s.139(2) – Threatening a Witness from Providing Evidence, s.423(1)(a) – Threatening a Witness, s.244.1 – Discharging a Firearm in order to Prevent Arrest or Detention, s.244.2(1)(b) – Reckless Discharge of a Firearm, s.264.1(1)(a) – Uttering Death Threats. Allegations: Result:

Sexual & Indecent Acts Charge(s): CC: s.163.1(3) – Distribution of child pornography, s.163.1(4) – Possession of child pornography, s.163.1(4.1) – Accessing child pornography. Allegations: A member of the Lethbridge Regional Police Service, assigned to the Southern Alberta Internet Child Exploitation (ICE) Unit was conducting an online investigation into the distribution of child pornography images on Peer to Peer networks. Result: On the day of trial, the Crown Prosecutor offered to resolve the matter by way of a Peace Bond, and my client accepted.

Violence & Personal Offences Charges: CC: s.266 – Assault, s.423(1)(a) – Preventing Victim From Calling Police, s.279(2) – Forcible Confinement, s.334(b) – Theft Under $5000. Allegations: During a heated argument, my client’s girlfriend locked herself in a bedroom. Result: On the day of trial, because the complainant attended and was ready to proceed, I negotiated a plea to simple assault only and he was placed on probation for 12 months. Impaired & Driving Offences Charge(s): TSA: s.69(1)(a) – Hit and Run, s.71(1) – Fail to Provide an Accident Report, s.50 – Fail to Merge Safely, s.167(1)(a) – Fail to Produce Driver’s Lcence, s.167(1)(b) – Fail to Produce Registration, s.167(1)(c) – Fail to Produce Insurance Allegations: While merging onto Deerfoot Trail in rush hour traffic, my client slowly drove into another driver’s lane, forcing the driver to move as far onto the shoulder as possible and up onto a median. Result: On the day of trial, after meeting with all of the witnesses, I negotiated plea to only a couple of minor tickets and he paid a small fine.

Property & Financial Crimes Charge(s): CC: s.334(b) – Theft Under $5000 Allegations: My client stole a 51” Samsung Plasma TV from The Brick. A store employee recognized my client a few days later at a local drug store and tried to detain him with his friend as the police were called, but my client got away. The employee told police that my client picked up this large, heavy television, still in its box, and ran through the store to the warehouse bay door to a waiting car. Result: This matter was scheduled for trial.

Breaches of Court Orders | Criminal Defence Lawyer Calgary Charge(s): CC: s.266 x 2 – Assault, s.264.1(1)(a) x 2 – Uttering Threats, s.267(a) – Assault with a Weapon, s.88(1) – Possession of a Weapon for a Dangerous Purpose, s.145(5) x 2 – Failing to Attend Court Allegations: My client was accused of inflicting harm on his wife on several occasions within the past eight years of their marriage. Result: Since he had already been given the benefit of a peace bond, that option was not available, so I negotiated a plea deal where my client would plead guilty to only one charge of assault.

Statutory & Regulatory Violations Charge(s): CC: s.344(b) – Robbery, s.348(1)(b) – Break and Enter and Commit Robbery (Home Invasion Robbery), s.145(3) – Breach of Recognizance; YCJA: s.137 x 5 – Breach of Youth Court Order; CC: s.279(2) – Unlawful Confinement, s.268 – Aggravated Assault Allegations: My client, and five of her companions, left Manitoba in a stolen truck and headed toward BC, committing a string of offences on the way, including numerous gas thefts. Result: I am the only lawyer who pleaded “not guilty” on behalf of my client to these charges, and insisted on taking it to trial.

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