If a bail restriction imposed on an accused individual has been discovered to have been violated AFTER the accused has been discharged with a sentence of probation, can the accused still be charged with that violation even though the violated restriction is no longer in place? Example...if the restriction is to have no contact with a certain individual...and it's discovered after sentencing, that that individual is now pregnant with the accuseds child, can the accused be charged? This is in Canada, in case it makes any difference.

CaptainForest

Let me ask you this.

Where is the proof that the accused had contact with this woman?

Yes, her being pregnant is a sign, but maybe she impregnated herself with the accused sperm thro a mutual friend.

I know, a bit of a reach, but still.

It would probably depend on the type of case and why the accused was ordered to stay away from the woman.

Most likely they won’t come after the accused, but then, the question is why was there the restriction in the first place? Because then maybe they will.

s_cianci

I would think not. Here in the U.S., double jeopardy would prevent the re-opening or re-filing of any charges. Furthermore, it's not likely that anyone would be concerned with a violation of a condition of bail after the fact. Depending on the timelines involved, you may be able to argue that the pregnancy in question occurred before the bail restriction was imposed.