Fail To Comply

In almost all cases, a fail to comply charge is derived from an initial underlying charge. An accused or offender had an underlying charge, for example, a domestic assault and the failure to comply is a result of an alleged breach of conditions placed upon him/her. In a domestic assault charge, the accused will usually have a bail/release condition to have no contact with the accuser (his/her partner) during the time that the charge is being processed through the courts. If the accused makes contact with the accuser during this time then he/she can be charged with failing to comply with the conditions of his/her bail conditions which restricted any contact. At the conclusion of the underlying charge, say in this case, a domestic assault, the accused could be found not guilty of the charge and win the case. However, if there was a fail-to-comply charge that arose after the initial charge but before it was over, the accused could still be found guilty of the fail-to-comply. The failure to comply would be a separate additional charge. So the underlying charges and what happens to them (i.e., win or lose) really have no bearing on the separate failing to comply charge.

The irony of failing to comply charges is that throughout Ontario, the penalties/sentences for failing to comply with a condition placed upon the offender sometimes are worse than what the sentence would have been for the underlying offence. For example, let’s say a first offender was charged with a fairly minor domestic assault and he/she was found guilty and received a conditional discharge (which is not a criminal record). In such a case, one of the conditions of his/her probation would be not to have any contact with the victim. If the offender breached the probation and failed to comply, then if he/she is found guilty of that offence, the sentence could be up to 30 days in real jail. While every jurisdiction is different, usually, Crown Attorneys and Judges are not too sympathetic when offenders breach their conditions on either their bail or probation orders. For example, with convicted impaired drivers in Ontario, there is a condition that the offender shall not operate a motor vehicle for at least 1 year. Despite the severity of the offence of impaired driving, jail is rarely handed down to first offenders. If the offender is then caught driving within that 1 year period, even if completely sober, a breach of probation has occurred, and the Crown Attorneys usually seek a minimum of 30 days in jail for that underlying charge. Clearly, breaches and failing to comply with court orders are not taken lightly by the courts across the province of Ontario. If you find yourself charged with a failure to comply charge, please contact Avi Baratz Criminal Defence Lawyer in Brampton for a free confidential consultation.