Probation is a sentencing option for judges in Calgary, where people who plead guilty or are found guilty can serve their time being monitored and supervised in the community, rather than being in custody.

If you are a candidate for probation, a Strategic Criminal Defence lawyer can work for solutions that reduce the impact on your future.

Could you be eligible for probation? 3 quick questions to ask:

  1. Is your potential jail sentence two years or less? Probation can be combined with a fine or a jail term, but only if that jail term doesn’t exceed two years.
  2. Is community supervision a realistic alternative to jail in your case? Courts look at the seriousness of the offence, your background, and whether rehabilitation through supervision meets the goals of sentencing.
  3. Are you able and willing to comply with strict conditions for up to three years? Probation isn’t a lighter sentence in practice: even a minor breach can lead to new charges. The court needs to be confident you’ll genuinely follow through.

If you can answer “yes” to all three questions, your Strategic Criminal Defence lawyer may discuss the possibility of probation with you.

Contact us for a free, no-obligation consultation.

How does probation work?

When sentencing an offender, probation may be an option for judges under Sections 731 to 733.1 of the Canadian Criminal Code if: 

  • The possible jail sentence associated with the crime is two years or less.
  • No mandatory minimum sentence applies to the offence.
  • Supervision in the community is a realistic alternative to jail time.
  • Probation is in the public interest as well as the offender’s interest.

Probation is an ‘umbrella’ term used for any court order with conditions you must follow in the community. Generally, when assessing your eligibility for probation, judges will consider:

  • The nature and severity of the crime.
  • Your criminal record.
  • Your age and personal circumstances.
  • Your level of risk to the public if released on probation.

If you meet certain conditions within the probation period, the sentence will be considered complete at the end of that period.

Probation services within the Calgary region are administered by the Alberta Ministry of Public Safety and Emergency Services through its Community Corrections branch.

Is probation a good outcome for you?

Probation keeps you out of jail and is often regarded as a lenient outcome for committing a criminal offence, but this isn’t always the case:

  • You still end up with a criminal record, which can impact your future for a long time.
  • Probation means strict conditions and potential restrictions on freedom and movement.
  • You face the threat of another criminal charge and jail time if you breach your probation conditions.

A Strategic Criminal Defence lawyer will explain your options at every stage of the criminal justice process, and work to reduce the consequences.

If a conviction is inevitable, you won’t be able to avoid a criminal record with a probation order, but we can make submissions for the least restrictive conditions possible.

What is a suspended sentence?

A suspended sentence specifically refers to a form of probation where the judge suspends passing a sentence altogether, and releases you on probation conditions instead (provided no mandatory minimum applies).

Probation can also be ordered alongside a fine or a jail term under two years. It’s not called a suspended sentence, even though the conditions you follow look the same either way. The probation conditions take effect once you’re released from custody (or, for an intermittent sentence, on the days you’re not in custody).

How long are probation periods?

Probation orders are capped at three years, under the Criminal Code Section 732.2(2)(b).

Within that ceiling, there’s no single typical length. The period that applies in your case depends on the offence and your circumstances. Shorter periods, often in the range of 6-18 months, are common for less serious matters.

How can we make a case for probation?

Probation isn’t available for every offence, but your case becomes stronger when you have a clean record, the offence doesn’t carry a jail term over two years, and we can show:

  • You accept responsibility for your actions.
  • You’ve taken concrete steps to prevent it from happening again.
  • Community supervision, rather than custody, genuinely serves your rehabilitation and the public’s safety.

If it is in your interests to do so, we can make submissions to the judge supported by pre-sentence reports and other evidence during the sentencing process. For instance, we can help you:

  • Demonstrate a clean record, or context around an existing one.
  • Show genuine remorse for what happened.
  • Provide letters of apology to the victim, where appropriate.
  • Gather character references.
  • Document a stable work history.
  • Show a history of community involvement or volunteer work.

Which offences commonly result in probation?

Probation isn’t limited to minor offences, and applies broadly across many offence types, either as a standalone sentence (suspended sentence) or attached to a jail term under two years.

Some offences commonly handled with probation include:

Probation is often also added to a custodial sentence for more serious violent offences once the jail term ends, to support supervised reintegration into the community.

Can your probation conditions be negotiated?

Our lawyers help eligible cases resolve with probation, but we can also help in three other ways:

  1. Negotiating your probation conditions to be the least restrictive possible.
  2. Advising you how to meet all of your obligations and what to do if you make a mistake.
  3. Limiting the consequences of a probation condition breach.

A person on probation must be of good behaviour, keep the peace, and follow a series of conditions.

A probation officer will supervise the process and check regularly to ensure you comply with your conditions, which may include:

  • Reporting every two weeks or so.
  • Attending counselling.
  • Repaying any damage incurred as a result of the offence.
  • Abstaining from drugs or alcohol.
  • Maintaining schooling or employment.
  • Anything else the court thinks is appropriate.

The probation order can be personalized by judges according to your circumstances. A Strategic Criminal Defence lawyer can help to negotiate the terms of your probation and alert the court if there are terms that you’re not able to follow.

For instance, we can request that:

  • Reporting is done by telephone when working out of town.
  • The condition of having no weapons has an exception for work tools.
  • The curfew or geographic restrictions are modified for your job or custody arrangements.
  • You attend counselling at a different location.

Regardless of the conditions of your probation, your lawyer will advise you on how to follow them to prevent breaches.

What happens if you breach your probation conditions?

Failure to follow the terms of probation is a separate criminal offence under Section 733.1 of the Criminal Code. This can result in:

  • A maximum penalty of 18 months of jail time and a $5,000 fine if prosecuted summarily.
  • Up to 4 years imprisonment if prosecuted by indictment.

The judge will likely take away your original probation order, and you’ll be subject to a new sentence for the crime you committed in the first place, as well as the potential new charge.

If you do break the conditions of your probation, our lawyers will gather evidence to limit the consequences for you. For example, we might be able to negotiate with the prosecutor not to file criminal charges but, instead, to change the terms of your probation.

Examples of how we help with probation violations

Here are some typical scenarios where we may be able to reduce the consequences of a breach of probation conditions:

SCENARIO WHY A CHARGE MIGHT BE AVOIDABLE HOW A LAWYER CAN HELP
Missed reporting appointments (e.g., 2 missed meetings with no explanation) If there's a legitimate reason (illness, work conflict, miscommunication with the probation officer), this may be sufficient for a 'reasonable excuse'.

Gather evidence supporting a reasonable excuse, contact the probation officer directly to explain the circumstances before charges escalate.

If a charge has already been laid, argue the reasonable-excuse defence or negotiate a resolution.
Missed curfew by a few hours, with an explanation (e.g., lost track of time at a friend's house) The 'reasonable excuse' defence applies, though courts scrutinize curfew breaches closely since they're usually easy to comply with; a credible, honest explanation and a good record of compliance help. Present the full context to the Crown, including the rest of the person's compliance history, and push for the matter to be resolved informally or withdrawn, especially if the breach was brief and unintentional.
Falling behind on required community service hours (e.g., 25 of 100 hours completed with time remaining) Genuine obstacles to completing hours on time (scheduling conflicts, program availability, illness) may support a reasonable excuse. Courts can extend a probation order rather than treat a shortfall as a breach. Request a formal extension or modification of the deadline before time runs out, document the obstacles that caused the delay, and negotiate with the Crown to resolve the matter without prosecution.

If we can provide a ‘reasonable excuse’ for the probation violation, you generally have a better chance of avoiding a new charge.

Testimonials

“I was facing a robbery charge with a lot of evidence, but he (Shervin Sabet) somehow got that charge dropped. I ended up pleading guilty to a separate charge of theft and only got probation when I was facing 3 years with the robbery.”

A.Y.

“I’m extremely grateful for Joseph and the Strategic Criminal Defence team. From the beginning, he was clear, reassuring, and honest about my options. He worked quickly and achieved the best possible outcome for my situation.”

M.G.

“I can’t recommend my lawyer (Michael Oykhman) highly enough. From the very beginning, he was professional, knowledgeable, and genuinely cared about my case. He took the time to explain everything clearly, kept me informed throughout the process, and fought hard for the best possible outcome.”

M.D.

Successful Cases

Note: Past outcomes do not guarantee future results. Every case depends on its own facts.

Case Number: 25390283

Our client was charged following an altercation with his wife and son. Our client and his son got into an argument, which escalated into violence and ended when our client hit his son in the face with a laundry basket. Our client’s wife overheard the fight and came to confront him, at which point they began arguing, and our client spat at his wife. The next day, our client’s wife contacted police and our client was arrested.

Upon being retained, we immediately requested disclosure and took a statement from our client regarding steps that he had taken since the incident to address his anger, including counselling. We requested proof of counselling from our client and provided this to the Crown Prosecutor. We then entered resolution discussions with the Crown, which led to the withdrawal of the Assault with a Weapon charge in exchange for a guilty plea to the Assault charge. As a result, our client did not spend any time in jail.

Successful Result: Charge Withdrawn; Suspended Sentence; No Jail Time

Case Number: 55592526

Our client was charged with one count of Accessing Child Pornography and one count of Possession of Child Pornography after police executed a search warrant on his residence and electronic devices. He gave a full confession to the police. The prosecutor had a strong case and she knew it. She initially wanted a guilty plea to both charges and 18 months of jail time.

Upon being retained, we immediately ordered and reviewed disclosure. We instructed our client to obtain counselling and assisted him in those arrangements. Our client suffered from serious mental illness throughout his life and had a troubled upbringing. He did not want to fight the charges and wanted to accept responsibility for his actions. We raised all this with the Crown Prosecutor and, based on those discussions, the Crown withdrew the charge of Accessing Child Pornography in exchange for a guilty plea to Possessing Child Pornography. As a result, our client received only 12 months of jail and a probationary sentence.

Successful Result: Charge Withdrawn; 12 Months Jail and Probation

Case Number: 55492536

As a teenager, our client spent years accumulating a collection of child pornography to trade with strangers on the internet. Based on a tip, the police executed a search warrant on our client’s personal devices, where they found hundreds of images and videos. Our teenage client was facing an adult sentence of a lengthy prison term, which was likely to cause serious harm to his adult development and rehabilitation.

Upon being retained, we worked to enter our client into counselling and mental health treatment. He was welcomed into sexual support counselling with specialists in this area. Due to his age and his clear demonstration of remorse, the Crown Prosecutor agreed to sentence him under the Youth Criminal Justice Act for a probationary period with no jail time.

Successful Result: Probation; Mental Health Treatment

Case Number: 45480345

Our client was arrested after his landlord called the police to report a firearm in the rental suite. The police located a firearm and arrested our client for possession of a firearm without a license and possession of a firearm obtained by crime. Our client was facing up to 1 year of jail.

Upon being retained, we ordered and reviewed disclosure. We directed our client to counseling programs which are highly regarded by our courts. We began negotiating with the Crown Prosecutor and learned that they would be seeking 90 days of jail. Highlighting the progress our client had made in counseling, we made contested in-court submissions for a sentence that would allow our client to stay out of jail. We were successful in our application and our client avoided any jail time.

Successful Result: Suspended Sentence, No Jail

FAQs

Yes, probation generally results in a record itself, so a prior record doesn’t disqualify you the same way. It may still influence whether the court trusts you to comply, but it isn’t an automatic barrier.

Yes. Unlike a discharge, probation usually accompanies a conviction, which becomes part of your permanent criminal record unless later cleared through a record suspension (pardon). It will not be automatically purged the way a discharge eventually is.

Probation is a sentence imposed by a judge, often instead of jail. Parole is conditional early release after serving part of a custodial sentence, overseen by the Parole Board, not a judge. Probation and parole apply at different stages of the criminal justice process entirely.

Generally, no, not without permission. Most probation orders require you to remain within the court’s jurisdiction unless you get written permission from the court or your probation officer in advance. Don’t assume informal notice is enough.

Missing a required meeting can lead to a breach charge unless you have a reasonable excuse. Contact your probation officer or lawyer immediately to explain. Addressing it proactively is far better than waiting to be reported.

Get help dealing with a criminal charge

The team at Strategic Criminal Defence has defended over 10,000 cases in the past two decades, receiving:

  • Over 750 5-star Google reviews.
  • Three Best Rated® recognition for 8 consecutive years.
  • The Consumer Choice Award (2025,2026).

Whether it’s providing pre-charge legal advice, challenging criminal charges, or negotiating probation rather than jail time for a conviction, our lawyers work to protect your rights and prevent charges from causing more severe consequences than necessary.

Contact us for a free, no-obligation consultation.

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Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: July 14, 2026

Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.

Experience

  • Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
  • Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
  • Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.

Education & Academic Leadership

  • Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
  • Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
  • Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.

Credentials & Recognition

  • Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
  • Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
  • Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410