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emery · Aug 12, 2008, 07:04 AM

Hi, I know someone who was recently taken into custody on the charge of failing to comply with their own recognizance. I was wondering if this would result in a criminal record. They are being denied bail and have been in jail for almost two months. Can anyone explain what normally happens in this case when you have been charged with this? This is in Ontario.

N0help4u · Aug 12, 2008, 07:13 AM

IN my state they have to serve out their sentence in jail and it will go on their record now.

emery · Aug 12, 2008, 07:32 AM

Sorry, this is new to me so I am a little confused, from what I know, (since it is not me I may be incorrect in the facts) this person was charged with something last year and a trial date was set for December of 2008. At the time this date was set the person was released from custody with certain conditions to be followed. One or more of this conditions were not met as well as another charge laid and the person has been in jail since. So you said they would have to serve out the time remaining on their sentence however it appears they have not actually been convicted of something yet. Therefore I think they are in being kept in jail awaiting a trial date for both the first charge from last year and this new charge. Do you think bail is a possibility?
Also, if they were actually found not guilty of the first charge from last year and the new charge would this failure to comply be a criminal conviction.
Thanks,

N0help4u · Aug 12, 2008, 07:38 AM

Okay they haven't been charged with anything? So that would mean they have to sit in jail until the hearing and then be sentenced. If they sit there for 60 days before the hearing and then the Judge says they have to serve 90 days the 60 days should be counted towards the 90 days.
I am not all that sure about how bail works in different situations.
If they are found innocent for the original charge they shouldn't have a criminal record for something they didn't do.

excon · Aug 12, 2008, 07:49 AM

Hello e:

Failure to comply with bail conditions only means they won't be granted bail on THIS charge. It's NOT a crime, and it won't go on his record.

He will be given a bail hearing on the second charge, but I doubt they'll give him any.

excon

emery · Aug 12, 2008, 07:59 AM

Thanks this has been helpful.