If you are facing criminal charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
A conditional sentence order (CSO) is a type of punishment where someone who has been found guilty of a crime serves their sentence in the community instead of going to jail (for a broader overview, see our guide to criminal sentencing in Toronto).
There are several pre-conditions to receiving such a sentence:
- There must be no minimum sentence;
- The appropriate sentence for the offence must not be more than two years;
- The offence must not be one specifically disqualified from receiving a CSO in the Criminal Code;
- The offence must not be one classified as a “serious personal injury offence”; and
- There must not be a danger of re-offending if a CSO is imposed.
A Conditional Sentence is a sentence of last hope before a significant actual jail is imposed. The maximum time that can be imposed under a CSO is 24 months.
Conditional sentences are different from probation, although both allow people to serve their sentences in the community under supervision. The main difference between a Probation Order and a CSO is that if you breach a CSO, the judge will first and foremost consider sending you to actual jail for the remainder of term of the CSO.
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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 Toronto Conditional Sentence Order lawyer today by calling (647) 986-8077.
Key Takeaways
- A conditional sentence order (CSO) allows you to serve your jail sentence in the community instead of prison, but with strict conditions.
- CSOs are only available for offences where the appropriate jail sentence would be less than two years and where there’s no mandatory minimum prison term.
- Unlike probation violations, there’s no separate criminal charge for breaching a CSO – instead, it triggers a hearing under Section 742.6 of the Criminal Code.
How can a Conditional Sentence Order lawyer in Toronto help?
Our lawyers can provide legal advice about your rights and options before you are charged. We can protect you from accidentally saying things that might harm your case, and guide you through any conversations with police or investigators.
Most importantly, our lawyers can represent you during all negotiations and if needed, your trial, including election and plea decisions. We can argue for a conditional sentence instead of jail time when appropriate, or pursue resolutions to avoid a criminal record when available. Our knowledge of local courts and judges in Toronto can make a significant difference in the outcome of your case.
Examples of Conditional Sentence Orders
Here are some examples of what a conditional sentence order might look like in Canada:
- After being convicted of fraud under $5,000, someone received a conditional sentence of 12 months. They must stay at her home between 8 p.m. and 6 a.m. every day, attend financial counselling, complete 100 hours of community service, and pay back the money she took.
- A man was found guilty of dangerous driving. His conditional sentence requires him to be under house arrest for the first four months, then follow a strict curfew for another eight months.
- A student received a conditional sentence for drug possession. He must stay at home except for work hours, medical appointments, and one four-hour period each week for personal errands.
Consequences of Breaching a Conditional Sentence Order
A conditional sentence breach isn’t technically classified as a new criminal offence. Instead, it triggers a special hearing process under Section 742.6 of the Criminal Code where a judge decides what should happen with your original sentence.
The most serious and common consequence of breaching a CSO is being sent to jail to serve some or all of your remaining sentence behind bars.
The judge has several options when they find you’ve breached your order without a reasonable excuse:
- Take no action (rare, but possible for very minor technical breaches)
- Change your optional conditions to make them stricter
- Suspend your conditional sentence temporarily and send you to jail for a portion of your remaining sentence, after which you’ll return to serving your conditional sentence in the community (possibly with stricter conditions)
- Terminate your conditional sentence entirely and send you to jail for the entire remaining portion of your sentence
The judge’s decision depends on factors like the seriousness of the breach, whether it’s your first violation, your overall compliance record, and any explanation you provide.
Conditional Sentence Order Conditions
When a judge gives someone a conditional sentence, they must follow specific rules while serving their time in the community.
Every conditional sentence includes certain basic conditions. The person must keep the peace and behave well. They need to appear in court whenever required. They must report to a supervisor when scheduled, usually starting with frequent check-ins. They have to stay within their province unless they get special permission to travel. They also need to tell their supervisor if they move or change jobs.
Most conditional sentences also include house arrest or a curfew. With house arrest, the person must stay at home except for specific reasons like going to work, school, medical appointments, or one shopping trip per week. With a curfew, they must be home during certain hours, typically at night.
Judges often add other conditions based on the specific crime. These might include staying away from certain people or places, not having weapons, not using drugs or alcohol, attending counselling programs, performing community service, or paying money to victims.
