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Breach Charges

Breach Charge Lawyers

Our lawyers will listen to your version of events without prejudice when developing your defence.

Breach charges are defined as a failure to comply with the condition of an undertaking, appearance notice, recognizance or release order. Breach related charges are often mistakenly viewed as less severe and not as significant than other criminal-related offences. However, the courts do not view this charge lightly, especially if there are multiple breach charges. Often individuals with a breach charge may also be facing coinciding criminal charges.

Your lawyer at Roulston Urquhart will analyze the current conditions you are ordered to follow and may make an application for a revision if appropriate.

We will consider all factors of your situation and build a strong defence for your case. As a result of negotiations, breach charges can be withdrawn, a conditional discharge may be entered or a not guilty verdict received.


What are breach charges?

This type of charge may include a breach of conditions for a bail or probation order, failure to attend court, or contravention of a court order such as a driving or weapons prohibition.

It is a mistake to take these offences lightly. These types of convictions can still result in a criminal record which will carry long term consequences. For instance, if an individual is seeking to be released on bail in the future, a past conviction of a breach charge can impede this possibility.

What are the possible defences to a breach charge?

The court has become increasingly more likely to impose restrictive conditions such as house arrest or curfew. These conditions can be very difficult or nearly impossible to follow depending on the circumstances.

The Crown Prosecutor may still pursue a breach charge even if you have a reasonable excuse for the alleged incident. Your lawyer at Roulston Urquhart Criminal Defence will identify any reasonable defences to this charge and ensure you have the opportunity to share your version of the events.

Is it possible for my breach charges to be withdrawn?

Your lawyer at Roulston Urquhart Criminal Defence will review your breach charges and all circumstances leading to the alleged offence to determine if there is a sufficient argument for a withdrawal.

Relevant Cases

Our past cases prove the practical and effective results in successfully defending and negotiating criminal charges. We will provide you with a step-by-step plan to defend your charges and ideally resolve before trial. Our criminal defence lawyer’s goal is to protect your criminal record and your freedom.


R v D.S. [Calgary Provincial Court]

Offence: Breach

Result: Charges Withdrawn

The client was charged with failing to attend a court appearance contrary to section 145(5) of the Criminal Code. Robin McIntyre spoke with the Crown prosecutor regarding resolution of the charge. The charge was withdrawn without ever having to be scheduled for trial.

R v B.M. [Calgary Provincial Court]

Offence: Breach

Result: Charges Withdrawn

The client was charged with several instances of breaching a court order counter to s 145 of the Criminal Code. The matter was set for trial. All the charges were withdrawn.

R v J.H. [Okotoks Provincial Court]

Offence: Breach

Result: Small fine with no jail term

The client was charged with two breach offences. He had a lengthy record for substantive charges as well as breach charges, and on a previous conviction for a breach charge, was sentenced to 30 days in prison. The client pled guilty to one breach and received a small fine with no jail term, and the remaining charge was withdrawn.

R v T.P.

Offence: Breach

Result: Charges Withdrawn

The client was a youth charged with 8 counts of breach of recognizance contrary to s 145(3) of the Criminal Code. Written argument was made prior to trial that the Police breached the accused’s Charter rights by unlawfully entering and searching his home, resulting in the alleged breaches. Charges were withdrawn at trial.