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.
