Conditional Sentence Orders are an option for judges under Section 742.1 of the Criminal Code. People who plead guilty or are found guilty can serve their sentence in the community (specifically, at home) instead of going to jail.

If you are a candidate for a CSO, a Strategic Criminal Defence lawyer will work to find a solution that minimizes the consequences for your future.

Contact us for a free, no-obligation consultation.

Could you be eligible for house arrest? Ask these 3 questions:

  1. Is your sentence less than two years, with no mandatory minimum? A CSO is only available where the court imposes a sentence of imprisonment of less than two years.
  2. Would serving your sentence in the community be safe for the public? The court must be satisfied that your risk to the public is low.
  3. Is your offence eligible for a CSO? Certain serious/terrorism/organized crime offences, and any offence with a mandatory minimum are excluded.

If you can answer “yes” to all three, a CSO is worth raising with your Strategic Criminal Defence lawyer as a realistic sentencing option.

“Our lawyers will be with you during your trial and, if it is in your best interests to do so, will fight for a conditional sentence instead of jail time. If there are any issues afterward, including breaches of the CSO conditions, we will continue to assist you.”

Michael Oykhman, Strategic Criminal Defence

How do Conditional Sentence Orders work?

During the sentencing process, a Conditional Sentence Order may be an option for judges if: 

  • The sentence imposed is less than two years. (Note: this is the sentence itself, not the maximum penalty for the offence.)
  • No mandatory minimum sentence applies to the offence.
  • The sentence would not endanger public safety.
  • The offence is not one specifically excluded from CSO eligibility.

Before issuing a CSO, a judge will weigh:

  • The nature and severity of the crime.
  • The offender’s criminal record.
  • The offender’s age and personal circumstances.
  • The perceived risk to the public.

Depending on circumstances, your Strategic Criminal Defence lawyer can make submissions to the judge during sentencing that help demonstrate why you are a good candidate for house arrest.

What can and can’t you do under house arrest?

If a CSO is issued, strict conditions apply. Your conduct will be monitored by a probation officer. Compliance is monitored closely through random visits or electronic verification for up to two years, depending on the length of sentence imposed.

Under the terms of house arrest, you must:

  • Be of good behaviour and not cause trouble.
  • Attend court if needed.
  • Check in frequently with your probation officer.

You must also stay at home at all times, with limited exceptions depending on the circumstances. Common approved exceptions include: 

  • Going to work or school.
  • Reporting to a probation officer.
  • Attending medical or dental appointments.
  • Doing court-ordered community service.
  • Shopping for necessities (typically up to four hours per week).
  • Attending religious services or voting.

Any absence, travel, or home move must be agreed in writing with prior approval from the supervisor. Verbal arrangements are not sufficient.

What happens if you breach your CSO?

If you break the rules of a Conditional Sentence Order, the Calgary courts usually take it even more seriously than standard probation breaches:

  • You don’t receive a new criminal charge but there will be a special hearing under Section 742.6 of the Criminal Code.
  • A judge will decide what to do with your original sentence.

The clock on your CSO stops running the moment a warrant is issued or you’re arrested for an alleged breach. This means that any delays between arrest and the breach hearing can extend the total period you’re subject to CSO conditions beyond your original sentence length.

Depending on the seriousness of the breach and the outcome of the hearing, you might have to serve the rest of your time in jail, a common outcome. Sometimes, however, proving that you had a good reason for breaching the conditions can still prevent jail.

Your lawyer will:

  • Explain how to avoid breaching the CSO.
  • Represent you at the hearing if you do breach your conditions.
  • Work to prevent jail time if you make an honest mistake.

If we can prevent you from having to serve the rest of your sentence in jail, the judge might:

  • Order stricter conditions for the remainder of your sentence.
  • Order you to spend some time in jail as part of your sentence and the remainder in the community again, with stricter rules.

“If you breach a CSO, the judge will first and foremost consider sending you to jail for the remainder of the CSO term. For example, if you receive a two-year CSO, and breach your conditions 6 months into the order, the judge can immediately send you to jail for the remaining 18 months once the breach is proven. Our intervention can be critical in convincing the judge to consider other options.”

Michael Oykhman, Strategic Criminal Defence

What’s the difference between probation and house arrest?

A conditional sentence is similar to probation in that both sentences result in a criminal conviction and allow the offender to serve their sentence in the community under supervision.

The main difference is that a CSO is a jail sentence while probation is not. Other significant differences apply to eligibility, strictness of conditions, and the consequences of a breach:

PROBATION CONDITIONAL SENTENCE ORDER (CSO)
Legal nature A sentencing order, not a jail sentence. A jail sentence served in the community.
Criminal record Yes. Results in a conviction. Yes. Results in a conviction.
Sentence length Up to 3 years; can be standalone or attached to a jail term under 2 years. Under 2 years; cannot exceed 24 months.
Eligibility restrictions Available unless a mandatory minimum applies to the standalone version. Not available for excluded offences (terrorism, certain organized crime offences, mandatory minimums, or offences with a 14-year/life maximum).
Living conditions No home confinement. Conditions typically involve reporting, treatment, and behavioural restrictions. 24-hour house arrest as the baseline; any absence must be pre-approved in writing.
Supervision Regular reporting to a probation officer. Probation officer, plus random home visits and/or electronic monitoring.
Breach consequences New criminal charge; court may revoke probation and impose a fresh sentence. Presumption of serving the remainder in custody; onus is on the offender to show why they shouldn't.

Can house arrest and probation be combined?

A court can order both a CSO and a subsequent period of probation on the same offence under the Criminal Code.

While this may seem harsh, if the alternative is a sentence served at the Calgary Remand Centre, a house arrest and probation combination may be considered a positive outcome.

If a conviction is inevitable in your case, a Strategic Criminal Defence lawyer can explain and advise you on your options with a view to minimizing the consequences for your future.

Typical examples where we can make a case for a CSO

The outcome of every case depends on the unique circumstances. This table outlines some typical scenarios where house arrest may be appropriate, and the evidence we would gather to make a strong case to the judge:

SCENARIO WHY A CSO MAY BE APPROPRIATE EVIDENCE WE WOULD GATHER
First-time offender convicted of fraud or theft under $5,000

No prior record, non-violent offence, low risk of reoffending.

The court is more likely to accept community supervision as a realistic alternative to custody.

Character reference

Proof of employment

Letters of apology

Evidence of restitution made or a restitution plan

Pre-sentence report
Offender with mental health or addiction issues contributing to the offence

The offending behaviour is linked to an underlying condition being actively treated.

Incarceration would disrupt that treatment.

Psychiatric or psychological assessment

Proof of counselling or treatment enrollment

Mental health history

Forensic report where appropriate
Offender with strong family or employment ties

Incarceration would cause disproportionate harm to dependants or employment.

House arrest reduces collateral consequences while still holding the offender accountable.

Proof of employment

Childcare or custody arrangements

Letters from employer

Evidence of financial obligations that would be jeopardized by custody
Non-violent property or fraud offence where restitution is realistic

The offender can realistically repay the victim.

A CSO with restitution conditions can serve the victim's interests better than incarceration would.

Evidence of financial means or a concrete repayment plan

Proof of engagement with the victim where appropriate

Pre-sentence report
Offender with a prior record but significant rehabilitation since the offence

A prior record doesn't automatically disqualify someone from a CSO.

Demonstrable change since the offence can weigh heavily in favour of community supervision.

Proof of counselling

Treatment completion

Volunteer work

Stable employment or housing

Any other evidence of positive steps taken since the offending behaviour
Domestic violence matter where custody would sever family relationships*

Children are involved, and the offender is the primary caregiver or income earner.

A CSO may better serve the family's interests without sacrificing accountability.

Proof of completion of partner assault response program or anger management

Character references

Custody arrangements

Evidence of no-contact compliance where applicable

*It can be challenging to argue for house arrest for domestic violence offences but it may be considered by judges in the circumstances outlined.

Testimonials

“Shaun Leochko is an excellent Lawyer…. especially if you have a CSO matter. Thanks for your help, Shaun.”

N.M.

“I’m very grateful to Mateya Selders for her help with my case. She was professional, knowledgeable, and guided me through a very stressful situation with clarity and confidence. From start to finish, she worked diligently and ultimately achieved a very positive outcome, which I truly appreciate.”

F.S.

“I cannot thank Michael and his team enough for helping me navigate through the tough times I have experienced and I cannot express my gratitude towards them for putting my trust in dealing with the situation and the ending outcome.”

S.P.

“From the very beginning, they were professional, knowledgeable, and genuinely committed to my case. They took the time to clearly explain the legal process, answered all my questions, and made sure I felt informed and supported every step of the way. Great experience.”

C.P.

Successful Cases

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

Case Number: 762082

Our client was charged with Assault With a Weapon and Assault Causing Bodily Harm after entering the house of an acquaintance and beating him with a baseball bat. Earlier that night, our client was at the victim’s residence drinking with several other people. They got into a disagreement, during which the victim insulted our client’s girlfriend. In response, our client left and returned with a baseball bat and struck the victim in the head. The victim suffered grievous injuries for which he had to be hospitalized for several months and receive extensive surgery. The injuries left him deaf in one of his ears and unable to drive or work following the incident. Due to the extensive and serious nature of the injuries sustained by the victim, as well as the fact that our client had a criminal record, the Crown was seeking a period of incarceration.

Upon being retained, we immediately ordered disclosure and directed our client to enroll in a comprehensive counselling program. We thoroughly reviewed the disclosure against him and used weaknesses we found in his case, as well as the counselling our client had completed, to advocate for a resolution that would allow our client to remain out of jail. As a result of our efforts, we were able to successfully obtain a conditional sentence order that allowed him to serve a short sentence in the community.

Case Number: 756-200144

Our client was charged with arson for setting a condo building on fire. The client was a renter within the condo building. On the day of the fire, the client was suffering from a psychotic episode and had contacted 911 and made comments to the police about wanting to commit suicide in advance of setting the fire. Police attended the condo building before the fire was set, due to the 911 call and suicidal comments. A standoff ensued between the client and police in the hallway, resulting in the police firing a non-lethal round at the client. The client retreated to his apartment and, shortly thereafter, started the fire in his apartment. The damage to the property was in excess of $1 million. As a result of the fire, the client suffered burns throughout his body, as well as internal injuries and broken bones from jumping out of the third-floor window of his unit to escape the fire.

The client retained the services of our firm. We conducted a comprehensive review of the client’s medical history both before and after the fire. The client was prepared to accept responsibility for the arson offence, but was concerned about the impact of a sentence in jail, as he continued to require significant medical support for both his physical and mental health.

The client pleaded guilty to the offence of arson. The Crown prosecutor sought a 3-year jail sentence to be served in a penitentiary. We asked the Court to consider a sentence that focused on rehabilitation, rather than incarceration, in light of the client’s mental and physical health considerations and the positive rehabilitative steps that he had taken since the date of the offence. In the course of the proceedings, changes to the Criminal Code opened up the possibility of a house arrest sentence (i.e., Conditional Sentence Order). We argued that a house arrest sentence would be an appropriate disposition, as opposed to a sentence served in a penitentiary.

The Court agreed with our submission and imposed a conditional sentence order of 2 years less a day, followed by 2 years’ probation. This position allowed the client to continue his rehabilitative path and access mental health and other medical supports in the community.

Successful Result: Conditional Sentence Order, No Jail Time

Case Number: 00030220

Our client was charged with a ‘Fraud Over’ that occurred while in a position of trust. The amount was alleged to be over $250,000 and to have occurred over several years. Alberta case law typically requires jail time for such an offence.

Upon being retained, Joseph Beller combed through the disclosure and was able to convince the assigned Crown Prosecutor that the provable amount was limited to only $80,000. He further obtained several reports, character reference letters, and medical/psychological reports. After a lengthy sentencing process, our client was able to avoid jail and was granted a sentence in the community.

Successful Result: Conditional Sentence Order, No Jail Time

Case Number: 44470337

Our client was charged with 15 counts of selling drugs without a prescription, 15 counts of trafficking, fraud over $5000, theft over $5000, and breach of trust after she created false patient prescriptions while employed at a pharmacy. Our client admitted to the police that she had created the false prescriptions and that she was using the drugs for her own personal use. The Crown Prosecutor was seeking jail time.

Upon being retained we ordered and reviewed disclosure. We had meetings with our client and gathered more information about her circumstances and the circumstances surrounding the offences. We began negotiating with the Crown Prosecutor and provided more information about our client’s efforts to address her addiction issues. We leveraged this information during our negotiations and were able to convince the Crown Prosecutor and the Court to allow our client to serve her sentence by way of a Conditional Sentence Order. As a result, our client was able to serve her sentence in the community and avoid jail.

Successful Result: Conditional Sentence Order, No Jail

Case Number: 3596870

Our client was charged with breaching his SOIRA order by failing to report to probation on an annual basis, after a prior sexual assault conviction. In addition, he was charged with flight from police and possession of a stolen license plate after police attempted to pull him over multiple times. The Crown Prosecutor wanted 120 days of jail for these charges.

The client explained that he was struggling with a severe addiction to meth and fentanyl at the time of the offences. However, he turned his life around over the past year, achieved sobriety, reconnected with his 5-year-old son, and maintained full-time employment. The client took full responsibility for the offences but asked us to do everything we could to keep him out of custody.

Cara Lebenzon took the case and approached the Crown, looking to negotiate a deal for house arrest under a Conditional Sentence Order (CSO). However, because of the seriousness of the flight from police, the prosecutor refused our offer. We were confident that a CSO was the right outcome, so we entered guilty pleas and ordered a Pre-Sentence Report.

The report writer interviewed the client, his mother, and the mother of his child, who corroborated the positive steps the client had taken to improve his life and be there for his son. The Crown was impressed with the report and, on the morning of Court, agreed to join with defence counsel on an 8-month global CSO, with 4 months on 24/7 house arrest and 4 months on a curfew.

The Justice commented how a CSO would absolutely be a fit and appropriate sentence for this offender in the circumstances and praised Cara’s advocacy in keeping him out of jail, so that he could continue to support his son.

Successful Result: Conditional Sentence Order, No Jail Time

Case Number: 65680133

Our client was driving while his license was suspended due to a prior conviction for dangerous driving causing bodily harm. He was pulled over for not wearing his seatbelt. When asked to provide the police with his driver’s license, the police realized that he was operating a motor vehicle while his license was suspended and arrested our client.

Upon being retained, we ordered and reviewed disclosure. Our client’s main priority was to avoid jail time. We discovered that the Crown Prosecutor would be seeking a jail sentence following a finding of guilt due to, in part, the serious nature of the previous offence which led to the driving suspension. We made contested in-court submissions for a sentence that would allow our client to stay out of jail. We succeeded in our application, and as a result, our client was granted a five-month conditional sentence order that allowed him to serve his entire sentence in the community.

Successful Result: Conditional Sentence Order, No Jail Time

FAQs

Yes, a prior record doesn’t automatically disqualify you from a CSO. The court weighs your record alongside the offence, your risk to the public, and your personal circumstances. A strong case can still be made, depending on the facts.

No, not usually. Leaving Canada while serving a CSO would almost certainly constitute a breach. Your sentence is being served in the community under strict conditions, and international travel falls well outside any standard approved exception. Seek legal advice before making any travel plans.

You can move while you are serving a conditional sentence, but you must ask for permission first and plan ahead. If you’re under house arrest or have a curfew, your home is like your ‘cell.’ Let your supervisor know as soon as you think you might need to move.

Get help dealing with a criminal charge

If you’re facing a criminal charge, a Strategic Criminal Defence lawyer will immediately work to protect your rights and defend the charge to limit its impact on your future.

If a conviction is inevitable, we understand how Alberta’s complicated criminal justice system operates, and will: 

  • Work to convince the judge that a jail sentence is not necessary.
  • Advocate for a CSO, discharge, or probation order, where circumstances allow.

Our team has defended over 10,000 cases in the past two decades, and has been recognized with:

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

Contact us for a free, no-obligation consultation.

michael-oykhman-thumb

Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: July 15, 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