Criminal Defence Lawyer for Breach of Probation Charges

Charged with breach of probation? Learn your rights and how a criminal defence lawyer for breach of probation charges can help. Contact De Boyrie Law today.

Being placed on probation is a common alternative to jail time in Canadian criminal sentencing. It allows individuals to serve part or all of their sentence in the community under strict conditions, with the expectation that they will comply with court orders. However, violating any of those conditions is considered a criminal offence under the Criminal Code of Canada, and the consequences can be significant. If you have been accused of breaching probation, you could face additional charges, further penalties, and even incarceration. That’s why it is crucial to retain a criminal defence lawyer for breach of probation charges to protect your rights and reduce the impact on your future.

This article provides a comprehensive overview of breach of probation charges, including how probation works, what constitutes a breach, potential penalties, defence strategies, and how a skilled lawyer can help you navigate the process.

What is Probation in Canada?

Probation is a court-ordered period of supervision in the community, typically imposed after a conviction for a criminal offence. It may be part of the sentence in combination with a fine or jail term, or it may be ordered on its own as part of a conditional discharge or suspended sentence.

During probation, individuals must follow specific conditions for a set period, usually between 12 and 36 months. The conditions of probation vary by case but often include reporting regularly to a probation officer, attending counselling or rehabilitation programs, maintaining good behaviour and staying out of legal trouble, not contacting certain individuals or attending certain places, abstaining from drugs or alcohol, and staying within a specified jurisdiction or living at an approved address.

What is a Breach of Probation?

A breach of probation occurs when an individual fails to comply with any of the terms of their probation order. Even a minor or unintentional violation can be treated as a criminal offence under Section 733.1 of the Criminal Code of Canada.

Examples of breach of probation include missing an appointment with a probation officer, failing to attend mandated counselling or treatment programs, consuming prohibited substances such as drugs or alcohol, communicating with someone you are prohibited from contacting, failing to live at your designated address, or being charged with a new criminal offence during your probation period.

Legal Consequences of a Probation Breach

A breach of probation is a separate criminal offence and can result in additional consequences on top of your original sentence. The Crown does not need to prove that you intended to breach your probation — only that you knowingly failed to comply with the order.

If you are found guilty of a probation breach, you may face a criminal conviction for failing to comply with a court order, additional probation time or harsher conditions, fines, court-ordered programs or counselling, and even a jail sentence of up to 18 months for a summary offence, or up to two years if the breach is part of an indictable offence.

Repeat violations or serious breaches increase the likelihood of incarceration and may damage your credibility with the court in any ongoing or future matters.

How a Criminal Defence Lawyer Can Help with Breach of Probation Charges

If you’ve been charged with breaching probation, hiring an experienced criminal defence lawyer for breach of probation charges can significantly improve your chances of avoiding further penalties. A lawyer will carefully review the circumstances of your alleged breach, gather evidence, and determine whether your rights were violated during the investigation or arrest.

A defence lawyer can help you argue that you made a reasonable effort to comply with your probation terms, negotiate with the Crown to withdraw or reduce the charge, identify inconsistencies or gaps in the prosecution’s evidence, present mitigating factors that demonstrate why you deserve leniency, and advocate for alternative sentencing or diversion if appropriate.

Without proper legal representation, you may face harsher outcomes than necessary, even for minor breaches.

Defences for Breach of Probation Charges

There are several common legal defences that may be available depending on the facts of your case. One possible defence is that the breach was not wilful. If you had a valid reason for missing an appointment or violating a condition — such as a medical emergency, misunderstanding, or transportation issue — the court may consider this in your favour.

Another defence is challenging the evidence itself. The Crown must prove beyond a reasonable doubt that you breached a specific term of your probation knowingly and without lawful excuse. Your lawyer can scrutinize the evidence, such as attendance records or communication logs, to show that the breach did not occur or that it was not your fault.

If the probation order was unclear, unreasonable, or unlawfully issued, your lawyer may be able to challenge the legality of the conditions themselves or argue that you were not properly informed about the terms.

Charter violations can also be raised as a defence. If your constitutional rights were violated during the investigation or arrest process — for example, if police failed to provide access to legal counsel or conducted an unlawful search — your lawyer can file a Charter application to have the evidence excluded or the charges dismissed.

Consequences Beyond Criminal Penalties

A conviction for breaching probation can have long-term consequences beyond the immediate penalties imposed by the court. It may result in a permanent criminal record that affects employment prospects, travel opportunities, immigration applications, and educational opportunities.

For individuals on a conditional discharge, a probation breach can result in a full criminal conviction and a revocation of the discharge. For permanent residents or temporary residents, a probation breach can contribute to a finding of criminal inadmissibility under immigration law, which may lead to removal proceedings.

Why Choose De Boyrie Law for Your Defence

At De Boyrie Law, we understand how stressful and serious a probation breach charge can be. Our legal team has extensive experience defending clients against allegations of failing to comply with court orders. We are committed to developing a defence strategy that protects your rights, reduces your exposure to further penalties, and helps you move forward with your life.

We work closely with our clients to understand the circumstances behind the alleged breach and build a case that highlights their efforts toward rehabilitation and compliance. Whether you are seeking to have charges dismissed, reduced, or resolved through alternative sentencing, De Boyrie Law is here to provide expert guidance and strong legal representation.

Schedule a Free Consultation with De Boyrie Law

If you have been charged with breach of probation, do not delay in seeking legal help. Contact De Boyrie Law today for a free, confidential consultation. We will review your case, explain your legal options, and develop a defence strategy designed to protect your freedom and minimize the impact on your future.