In order to qualify for a Suspended Sentence in Toronto, the judge must be satisfied that, among other things, you are a suitable candidate for community supervision (in some cases, community-based alternatives like house arrest—see Conditional Sentence Orders—may be considered). This determination will likely be based on information about your past, present, and future. The probationary term may be as short at 6 months, or as long as 3 years. The typical length of probation is 12 to 24 months. For a broader overview of sentencing options in the city, see our guide to criminal sentencing. The terms of the probation order may include reporting to a probation officer (typically every two weeks), attending for counselling of some sort, repaying any damage incurred as a result of the offence (a common feature in property crime cases), abstention from drugs or alcohol, maintaining schooling or employment, and anything else the court thinks appropriate.
Failure to follow the terms of probation is its own separate criminal offence, so it is very important to carefully negotiate all the terms of probation, and alert the court if there are terms that you are not able to follow (a breach can also result in arrest and a bail hearing). Some examples include requesting that reporting can be done by telephone when working out of town, or requesting that the condition of having no weapons have an exception for work tools. The judge will be able to craft the probation order to address your concerns, but they must be raised before they can be remedied.
