Breach of Probation
People who have been charged are often placed in probation by Canadian Courts. In this “probation” period, the Court sets provisions for the individual that must be followed, any deviations can be considered as a “breach of probation.”
What is a breach of a probation?
After you have been placed on probation, there are a few behaviours or actions that will lead to the charge: “breach of probation.”
Below are the most common behaviours that may result in a “breach of probation:”
- Failure to Complete Appointed Programs
- Failure to Behave or to Follow Law
- Failure To Keep Peace
- Failure To Appear in Court
- Alcohol or Weapons
- Violations of Curfew
- Possession of Drugs
Ultimately, the Crown Attorney decides. The reporting agency, the courts, or the police will be involved in reporting the details of the breach. They submit it to the Crown Attorney.
What happens when you are charged with breach of probation?
The Crown can proceed against you for the breach in one of three ways:
- a summary offence: your case will not involve a jury
- charge you with an indictable offence: in most cases your case will involve a jury
- withdraw the charge for lack of evidence
If found guilty with a “breach of probation” by way of summary offence/conviction
If the individual is found guilty of breach of probation:
There is potential jail time for no longer than 18 months, and a possible fine up to $2000.00, or potentially both.
If found guilty with a “breach of probation” on a indictable offence
If the Crown charged you with an indictable offence, you will face a trial by jury. You can be imprisoned for up to two years.
Will you need a criminal defense lawyer?
Yes. You will need a criminal lawyer who has experience with breach of probation charges.
How can we help you?
We are very experience in handling these type of charges. We are focused on helping you achieve one of the following outcomes:
- A) Withdrawal the charge with the crown
- Acquittal after trial (found not guilty using factual and technical defences)
- Negotiate resolution to minimize the penalty
We care about our clients. We want our clients to know what their options are. Give us a call at: 1-855-529-3501.