What follows is a brief summary of the law. While it is not, and should not be relied upon as legal advice, it may assist you with some of the questions you might have. As always, consult a criminal lawyer should you need criminal advice. All Offences Against the Administration of Justice are listed in the Criminal Code of Canada: http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html. Charges such as Failure to Comply with Recognizance and/or Probation, and Failure to Appear in court are perhaps self-explanatory: the defendant is alleged to have disobeyed a condition of bail or is alleged to have not shown up to a court date. Other offences might require more of an explanation.
To find you guilty of perjury, the Crown must prove that:
(a) you made a statement under oath/solemn affirmation before a person authorized by law to permit it
(b) the statement was false,
(c) that you knew the statement was false, and
(d) that you made the statement with the intention to mislead.
The Crown can prove that you knew that the statement was false at the time when it was made if it can prove that you were actually aware that it was false or that you were aware that you should have made inquires about the truth or falsity of the statement, but deliberately chose not to because you did not want to find out whether the statement was true or false. The Crown must show that you intended to lead the recipient astray or to cause them to have an incorrect impression.
To prove that you are guilty of obstructing justice, the Crown must prove that you did something that had a tendency to obstruct, pervert, or defeat the course of justice and that you intended that result. Examples of conduct that could defeat the course of justice include: threatening a witness in a legal proceeding, influencing a juror in a case by threats or bribes, or accepting a bribe to testify in a certain way.
There are numerous ways to defend against these charges and I have successfully defended people against them numerous times – please refer to my Recent Successes page.
Client charged with Obstruct Police Officer and Failing to Comply with his Recognizance. Upon being approached by the police, the client gave a false name. He subsequently gave his real name and it was discovered that he was breaching his bail conditions.
Client was arrested for two counts of Assault with a Weapon. At the time of arrest, the client identified himself falsely. He was taken to the police station and processed under this false name. His real identity was later determined and he was subsequently charged with Obstructing Justice.
Client charged with Obstruct Justice, and Acknowledge Bail in False Name after allegedly doing same.
Client charged with Attempt Obstruct Justice. It was alleged that B.L. participated in the breaching of Recognizance conditions.
After appearing for Court on unrelated charges, the client did not show up at one of her court dates. A bench warrant was issued for her arrest and she was subsequently arrested and charged with Fail to Appear. It was her position that although she wished to go to Court, she was unable to do so.
Client charged with Fail to Appear after allegedly missing a court appearance.
Client previously been sentenced to a Conditional Sentence. He was alleged to have breached this sentence five times and called me to represent him.
After successfully obtaining bail for the client, he was alleged to have breached three conditions of this bail.
After having been released on bail, client charged with breaching the bail by not reporting a change of address.
Brian Ross is professional, straightforward, and honest. After we reviewed my case I didn't have high hopes for a positive outcome because there really wasn't much for him to work with. However, come court date, charges were withdrawn!! It had all happened so fast. I am so grateful for Brian Ross and his team. He didn't give up on my case and he definitely made lemonade out of like a 1/4 of a lemon. I would 100% use their services again - hopefully I won't have too.Kate Rice
Money well spent! With all the issues with my case Brian gave me hope. I would definitely recommend spending the cash to hire Brian as he is an amazing lawyer. Watching him work I knew I had great chances. I feel like I have a new lease of life now with this behind me. All charges dropped which I could not imagine. Thank you to you and your team on helping me with this. Best lawyer in the city!!!Jan Lane
I had a great experience hiring Brian for my case. From the beginning he was very direct and honest. He was confident in his prediction and his prediction was correct. Brian did an incredible job. He is highly knowledgeable in his field. He was thorough and very well experienced. I do highly recommend Brian!!Anita Wong
As a young professional, the weight of a conviction was staggering, and would have greatly affected my ability to work in my chosen profession. Hiring Mr. Ross was the best way to guarantee against such effects. Throughout, Brian was present, helpful, positive, and supportive; hard-working and diligent. It was truly a pleasure to work with him, and a relief to get the call that Mr. Ross had accomplished what he initially set out to do. Consider this a sincere “Thank You” and commendation.Kylie S
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A criminal record can have lifelong ramifications. Don't take a chance with an inexperienced attorney. I will fight to get your life back as I have done with countless others before you.