Consequences of a violation of the conditions of release

In general, the law favors the release of anyone accused of an offense while his or her court appearance is pending, but only if there’s no justification for detaining that person. This release comes with a certain number of conditions, which accused persons must observe at the risk of having a further violation added to their criminal record.

Under what circumstances can an offender obtain a conditional release? What exactly are the repercussions of a failure to abide by the conditions? What penalties might such a failure entail? Learn more about violations of the conditions of release.

What do we mean by “conditions of release”?

While an accused person is awaiting trial, conditions of release aim to ensure that he or she behaves in the manner that the court would expect. These conditions are mandatory and uncontestable up until and often during the legal proceedings.

The law envisages two different types of conditional release. In the first case, the police may release an offender, subject to a certain number of conditions, including the following:

  • To remain within a territorial jurisdiction
  • To notify the officer of any change of address, employment, or occupation
  • To abstain from communicating directly or indirectly with specified individuals
  • To deposit his or her passport
  • To abstain from possessing any firearm
  • To report at certain times to the police
  • To abstain from the consumption of alcohol or other intoxicating substances
  • To abstain from attending certain locations

In the second case, in which the court grants the release, the situation is a little more complex. Sometimes an arresting officer doesn’t release a person accused of a crime. Instead, the police will hold the individual in custody until he or she appears before a judge, who will then either grant or deny a conditional release.

If the judge grants the release, it may be subject to additional conditions beyond those normally imposed by the police. These may include the following:

  • To remain in a therapy center while receiving therapy, up until completion
  • To abide by a curfew
  • To forfeit his or her cellphone
  • To refrain from using social media or the internet

Charges and penalties for violation of the conditions of release

The consequences of violating the conditions of release are far from negligible. In fact, the accused may face an arrest and detention, even if he or she hasn’t committed any further criminal offenses. The person may also face additional charges, which could result in anything from exoneration to probation, a fine or even imprisonment of up to two years. If you find yourself in a situation like this, you should contact a criminal law office. They can give you valuable advice or even negotiate with the authorities in an attempt to prevent any additional charges.

Before it comes to this, you should be aware that it’s often possible to modify your conditions of release. Once again, don’t hesitate to contact a criminal lawyer, especially if you’re afraid that you might not be able to fulfill the existing conditions. There are two different ways to make modifications:

  • Out of court: the defense attorney, the Crown attorney and the accused must sign a modification form and file it with the criminal division of the courthouse.
  • Before the court: the defense attorney and the Crown attorney can modify the conditions of release in court. Afterwards, the accused must sign the revised conditions of release in order for them to go into effect.

Considering that a conditional release is a show of trust on the part of the judicial system, accused persons have a greater interest in demonstrating that they’re dependable and that they have a true desire to mend their ways. If you’re going through this process and you need support and guidance, call the offices of criminal lawyer Martine Thibodeau. As a specialist in criminal offenses, she will help you understand your rights and navigate each stage of the legal proceedings.


Source: Le bris de condition : tout ce qu’il faut savoir sur les conséquences! [Violation of conditions: everything you should know about the consequences!] 2022.

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