This article is about a provision of Canadian law. For the fundraising device, see Nonviolent Peaceforce. For the marking of a possible weapon, see Peace-bonding.
In Canadian law, a peace bond is an order from a criminal court that requires a person to keep the peace and be on good behavior for a period of time. This essentially means that the person must not be charged with a criminal offence. [1] Peace bonds often have other conditions too, such as not having any weapons or staying away from a person or place.
A peace bond can be made by a criminal court Judge or a Justice of the Peace.[2] A peace bond is issued when the crown is strongly convinced that no guilt has happened. A person does not plead guilty when they enter into a peace bond. There is no finding of guilt made or conviction registered if a person agrees to a peace bond.[3]
The bond is usually set for twelve months.[4] If charges are withdrawn, the prosecution of those charges is finished and those same charges can never be brought back.[5] It will be considered a dismissed case in the US legal system.
There is no equal order to the peace bond in the US system, but a deferred prosecution has a similar effect. Since there is no conviction or admission of any guilt, charges that are withdrawn by a peace bond in Canada do not result in US inadmissibility under INA ยง 212 (a) (2). In addition, the issuance of a peace bond does not meet the definition for a conviction; moreover, a judge does not make a judgment of guilt when a peace bond is issued. In these cases, after the twelve months peace bond, all the police records related to the withdrawn charge will be destroyed
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In Canadian law, a peace bond is an order from a criminal court that requires a person to keep the peace and be on good behavior for a period of time. This essentially means that the person must not be charged with a criminal offence. [1] Peace bonds often have other conditions too, such as not having any weapons or staying away from a person or place.
A peace bond can be made by a criminal court Judge or a Justice of the Peace.[2] A peace bond is issued when the crown is strongly convinced that no guilt has happened. A person does not plead guilty when they enter into a peace bond. There is no finding of guilt made or conviction registered if a person agrees to a peace bond.[3]
The bond is usually set for twelve months.[4] If charges are withdrawn, the prosecution of those charges is finished and those same charges can never be brought back.[5] It will be considered a dismissed case in the US legal system.
There is no equal order to the peace bond in the US system, but a deferred prosecution has a similar effect. Since there is no conviction or admission of any guilt, charges that are withdrawn by a peace bond in Canada do not result in US inadmissibility under INA ยง 212 (a) (2). In addition, the issuance of a peace bond does not meet the definition for a conviction; moreover, a judge does not make a judgment of guilt when a peace bond is issued. In these cases, after the twelve months peace bond, all the police records related to the withdrawn charge will be destroyed
And we Know Where you live :3
Apr 22, 14 · +0 · Like · Report