Toronto Probation Violation Lawyer /Parole Violation Defence Lawyers
Probation given out by a criminal court in Canada is part of your sentencing. In addition to or in lieu of paying a fine or serving a prison term a probation sentence will require you to do certain things as determined by the court to carry out that sentence.
You will be assigned a probation officer with whom you have to check in with at regular intervals. You may be required to hold down a job, have a residence and a curfew set. You may be also required to refrain from contact with any alleged victims, or known criminal associates, and refrain from use of firearms, alcohol, drugs.
You may also be required to wear an electronic bracelet while on probation that will inform police if you venture out of the area you are required to remain in.
There are different kinds of probation orders in Canada that vary in duration, enforcement and conditions.
Intensive probation, home detention & electronic monitoring. This is probation set aside for the most serious of offenders like high ranking gang members, sex offenders & habitual offenders. This may include house arrest or you may be allowed to go to work and then return home. This type of probation will allow unannounced visits to your home from probation officer to make sure conditions of your probation are being met.
Standard supervised probation. With this probation you are generally required to meet with a probation officer weekly or bi weekly and prove you are meeting the conditions of your probation. You may be also required to do some community service work.
Unsupervised probation. You will not have to check in with a probation officer however you will be required to complete certain activities in a required time frame. These may include community service, pay court fees, and refrain from any criminal activity.
The Penalty For Probation Violation in Canada
If for some reason you don’t follow all guidelines set by your probation officer, you can be charged with a probation violation. It is up to the probation officer what type of punishment you receive. That makes it very important for you to get the best representation from the best lawyer possible who understands these offences and court proceedings.
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If your probation violation is minor, you may get off with a warning. If you commit a criminal offence, your probation officer may let a judge decide your punishment. You may get time extended to your probation, additional conditions added to your probation or your probation may be revoked and you go back to jail. It is up to your probation officer to prove you have committed a violation or offence.
Probation Violation Section 732.2 of the Canadian Criminal Code states:
(5) Where an offender who is bound by a probation order is convicted of an offence, including an offence under section 733.1, and
in addition to any punishment that may be imposed for that offence, the court that made the probation order may, on application by the prosecutor, require the offender to appear before it and, after hearing the prosecutor and the offender,
- (d) where the probation order was made under paragraph 731(1)(a), revoke the order and impose any sentence that could have been imposed if the passing of sentence had not been suspended, or
And the court shall thereupon endorse the probation order accordingly and, if it changes the optional conditions or extends the period for which the order is to remain in force, informs the offender of its action and give the offender a copy of the order so endorsed.
If you have found yourself in this situation, we want to assure you that based on experience it is critical that your case be tactfully addressed to the courts to avoid further penalties. With an experienced defense lawyer, it is possible to get the new charges completely dismissed, depending on the circumstances.
Due to the seriousness of these probation violation charges, Toronto Criminal Lawyers – Bruce Karten & Stephen Hebscher will make your case a priority; with our 60+ years of experience with situations like these, we will do our absolute best to help keep you on track with your probation conditions and out of jail at all costs. Give us a call today.
I came to Stephen Hebscher with a somewhat irregular case. Both my spouse and I had been mutually charged with domestic assault, a legal situation that neither of us had wished upon each other. While my spouse's lawyer had been content to seek mutually binding peace bonds, Stephen was able to get in front of the case and negotiate a withdrawal of both of our charges- the best possible outcome on BOTH sides of the table – once we successfully completing the PARs program. I remain entirely pleased with Stephen's competency, professionalism and accessibility, and would not hesitate to recommend him as a criminal defence lawyer. L.A.
Mr. Hebscher: I would like to thank you for your excellent representation of me in relation to the domestic assault charges that you worked so hard to have withdrawn. You have made a critical difference in my future and I am very happy with the outcome. I also appreciate your hard work, and the extra time and effort you have put in to deal with all the other issues that came along. I thank you for being a phone call away (or email) even when you did not have to be. I will gladly recommend your services to any of my friends or family should they ever need it. I am very grateful for what you have done.
I am impressed especially after our meeting on Monday – I was resigned that something bad would befall me, so I am very blessed to have this outcome. I thank you for the hard work that you have put into this case, and the dedication on getting me this fantastic outcome! I am so glad that we retained you as my lawyer! You have done an outstanding job and allowed me to now rebuild my life. Thank you, Bruce Karten.
Dave B. (Ajax, Ontario)
We were referred to Stephen Hebscher when our child was in need of legal representation. He was charged with sexual assault. As parents, we were quite frightened for our child but Mr. Hebscher was the calm voice of reason. We are very grateful to Mr. Hebscher for the excellent results he got for our child, as the charges were dropped.
J.N. (Toronto, Ontario)
Mr. Hebscher is a very professional lawyer who takes pride in his work and because of this the end result was the judge ruling me not guilty and I got my innocence and life back. My family and I would like to thank you again Stephen Hebscher for doing a wonderful job and also being a very supportive man.
Chris T. (Scarborough, Ontario)
I am happy to report that Bruce’s superior negotiation strategy and ability to present facts effectively helped convince the Crown to reduce his position. I would like to take this opportunity to thank Bruce for getting my charge withdrawn and keep my criminal record clean.
J.S (Toronto, Ontario)
I looked and found Barrister Stephen Hebscher I introduced myself and my case and after listening to all details he was able to ensure me that my case would go well. All charges against me have be thrown out and my life is back to normal.
Blair H. (North York)
Bruce ...The care and concern you showed us during our dealings certainly helped to reduce the stress we were under. I would recommend you without a second thought. Your winning record is a bonus as well. My husband and myself can't thank you enough for all you've done for our family.
Debi T. (Mississauga, Ontario)
Dear Mr. Hebscher...There are not enough words to express my appreciation for your...giving me your undivided attention at all times, work in my case with your heart and soul, that makes you "ONE OF A KIND" lawyer.
Ahmed A. (Brampton, Ontario)
Mr. Bruce Karten was able to help to extricate me from a very serious criminal case containing severe charges, including weapons –threat to use weapons, death threat, harassment,etc. He succeeded in winning my case. I was discharged; was able to keep my career, and no criminal record. This was a tremendous accomplishment, and I am very appreciative of that.
Nickolai V. (Toronto, Ontario)
Again, from the depth of our hearts we sincerely thank you very much for being my Counsel on this case. We now can say you are the BEST and we will surely recommend you to our friends and anybody here we know who needs the best Lawyer in Ontario. You have done an extremely good job and we are very happy with the outcome this morning.
Roman A. (Markham, Ontario)
Mr. Hebscher was the only lawyer who gave me hope and made me feel like I had a real fighting chance. I am extremely satisfied with the quick results that he delivered, and I am happy to say that he was able to convince the court to drop the charges against me and clear my name.
Tina M. (Toronto, Ontario)