If you are facing criminal charges, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.

Probation is a legal option for people who have broken the law to serve their time being monitored in community, rather than being in custody. People who are on probation must follow conditions as set out by the judge. For example, common conditions might be to see a probation officer often, stay away from certain people or places, not drink or do drugs, and/or go to counselling.

In Canada, probation can last up to three years. During this time, the person must follow all their conditions. If they break these rules, they could face jail time or other consequences, such as new charges.

The Calgary Probation Service runs the probation program, monitors them, and helps connect them to services that could be helpful.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of a criminal offence beat the charge.

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a Lawyer today by calling (403) 719-6410.

Key Takeaways

  • Instead of going to jail, probation lets someone stay in the community under supervision.
  • There are conditions and requirements while on probation, such as being of good behaviour and keeping the peace, visiting a probation officer regularly, and potentially going to counselling or doing community service.
  • Breaking probation conditions is a serious offence, carrying maximum penalties of 18 months jail and $5,000 fine if prosecuted summarily, or up to 4 years imprisonment if prosecuted by indictment.
  • Depending on how serious the original charge was and their personal situation, probation could last anywhere from a few months to three years.
  • If you admit to breaking your probation, our lawyers might be able to negotiate other ways to deal with it instead of filing criminal charges. They could change the terms of your probation instead of going through with the breach charges, for example.

How Our Lawyers Help With Probation

First, we can help eligible cases resolve with probation, rather than in-custody time.

Once on probation, we can give you important advice on what to do if you miss a reporting appointment or breach any of your conditions. 

  • We can even help you tell your probation officer why you broke the rules, which could keep charges from being brought at all.
  • In the event of a breach of probation conditions, a Strategic Criminal Defence lawyer can also help you find evidence to back up your case, like medical records that show why you missed appointments, work schedules that made it hard for you to report, or proof of transportation problems that kept you from following the rules.
  • We can get records of your reporting history to show that you’ve only made one or two mistakes and have a good record of following the rules.

Strategic Criminal Defence lawyers know the judges, Crown prosecutors, and probation officers in the area, which makes it easier for us to effectively get through the system. We can often find other ways to solve problems instead of going through with criminal charges.

Examples of Probation Violations

  • A man was put on probation for a year after being found guilty of mischief. His probation order said that every first Monday of the month, he had to meet with his probation officer. He missed three reporting appointments in a row and didn’t call to explain why. After he missed the first two times, his probation officer told him to be careful. But she called the cops the third time. The Criminal Code says that he didn’t follow a probation order, which is what he was charged with.
  • A man who stole less than $5,000 was on probation and had to stay in his house every day from 10:00 PM to 6:00 AM. The police went to his house at 11:30 PM for a random compliance check and found that he wasn’t there. He said that when he got back at 1:15 AM, he had been at a friend’s house watching movies and lost track of time. Even though he explained himself, he was still charged with breaking the curfew rule of his probation order.
  • A student was put on probation and had to do 100 hours of community service in 10 months. She had only done 25 hours after nine months. She didn’t finish the required hours on time, even though her probation officer told her about the deadline. Later, she was accused of breaking the rules of her probation.

Consequences of a Probation Violation

If you break the rules of your probation order, you could be charged with failing to follow a probation order, according to Section 733.1 of the Criminal Code. The courts take this very seriously.  

  • Breaching probation conditions is a hybrid offence in Canada. This means, the Crown prosecutor can either file an indictment (for more serious cases) or a summary conviction (for less serious cases).
  • If you break your probation, the judge will likely take away your original probation order and give you a new sentence for the crime you committed in the first place.
  • This means that, in addition to the penalties for breaking your probation, you could receive more legal consequences for the crime that got you on probation in the first place.

Probation Condition Violation Defences

People who are accused of breaching their probation may have these defences apply:

  • Even though you may have technically broken the rules of your probation order, you may have had a good reason that made the condition impossible or very hard to follow. The law knows that sometimes things that are out of your control can make it hard or even impossible for you to follow your probation conditions exactly as they were given.
  • This defence says that you didn’t know or understand a part of your probation order. You need to know all of the terms of your probation order and what they mean for it to be valid.
  • In some situations, the allegations of the breach could be incorrect. For example, maybe you were sleeping deeply and didn’t hear the door when the police came for a curfew check, or you were in a part of the house where you couldn’t hear the officer knock. If people who live in the house would confirm you were there, you may have a defence.

Frequently Asked Questions

What happens next if you miss a meeting with your probation officer will depend on your situation. Your probation officer might just reschedule your appointment and give you a warning if you miss it for the first time. This is especially true if you call them right away and tell them why you missed it. If you miss a lot of appointments for no good reason, your probation officer will likely write a breach report.

The police might look into a breach report, and the Crown prosecutor will decide whether or not to formally charge you with not following a probation order.

The best thing to do if you know you’re going to miss an appointment is to call your probation officer before the time you were supposed to meet. Tell them what’s going on and see if you can change the date. If you have a good reason for missing the appointment, like a medical emergency (bring a doctor’s note), a work emergency (get a letter from your boss), or a transportation breakdown (keep receipts for repairs or alternative transportation), keep records of them.

Whether or not you can leave your province while on probation depends on the terms of your probation order. Most probation orders say that you can’t leave your province without first getting written permission from either your probation officer or the court.

You could be charged with breaking your probation order if you leave your authorized area without permission. This could mean more offences and punishments.

You should do something instead of just missing the deadline if you know you won’t be able to finish your court-ordered community service hours by the deadline in your probation order. Ignoring the problem until you are charged with breaching your probation will not help.

You should call your probation officer right away and tell them what’s going on. If you have a good reason for the delay, like health problems (medical notes), a family emergency, or problems at work, bring proof of it. If you have a good reason, your probation officer may be able to help you have your time extended.