What Happens If You Violate Probation

Probation is a legal sentence in Canada that allows an individual to live in the community under certain conditions, rather than serving time in jail. It’s typically granted for less severe offences, often as an alternative to incarceration, and comes with specific terms that the offender must follow. Violating probation, however, is a serious offence that can lead to additional legal consequences, including potential jail time, increased probation conditions, or even new criminal charges.

This comprehensive guide explains what happens if you violate probation in Canada, the types of probation violations, the legal consequences, and steps to take if you’ve been accused of breaching probation terms. Understanding the legal process can help you navigate the situation more effectively and make informed decisions.

What is Probation?

Probation is a court-imposed sentence that allows an offender to serve their sentence within the community rather than in jail, provided they adhere to specific conditions. Probation is typically granted for minor offences or first-time offenders, and it may be imposed as an independent sentence or as part of a conditional discharge.

Probation is usually accompanied by a set of conditions that vary depending on the case and may include:

• Regular check-ins with a probation officer
• Abiding by curfews
• Avoiding drugs or alcohol
• Attending counselling or treatment programs
• Avoiding contact with certain individuals
• Performing community service

Probation periods in Canada can last up to three years, depending on the severity of the offence. Failure to meet these conditions can lead to consequences, as probation is granted based on the expectation of compliance.

Types of Probation Violations

Probation violations fall into two main categories: technical violations and new offences.

1. Technical Violations
   • A technical violation occurs when an offender fails to follow one or more conditions of their probation. Examples of technical violations include:
     • Missing an appointment with a probation officer
     • Failing to attend a mandatory counselling session
     • Breaking a curfew
     • Associating with prohibited individuals
   • Technical violations do not involve committing a new criminal offence but show non-compliance with the specific terms set by the court.
2. New Offences
   • A new offence violation occurs when an offender commits a new criminal offence while on probation. This is considered a serious breach, as it not only breaks probation terms but also indicates recidivism.
   • New offence violations can result in severe consequences, including additional charges and potential jail time. The new offence and probation violation are often treated as separate legal issues but may affect each other’s outcomes.

Immediate Consequences of Violating Probation

If you violate your probation, the first step is for your probation officer to report the violation to the court. Depending on the nature and severity of the violation, the probation officer has some discretion in deciding how to handle the situation:

1. Verbal or Written Warning
   • For minor or first-time technical violations, the probation officer may issue a verbal or written warning, reminding you of the importance of compliance. This option is typically used for unintentional or minor infractions, such as missing a single appointment.
2. Increased Supervision or Adjusted Conditions
   • In some cases, the probation officer may increase supervision or adjust the probation terms to encourage compliance. For example, the officer may require more frequent check-ins or impose additional conditions.
3. Revocation of Probation
   • For serious violations or repeated infractions, the probation officer may request a probation revocation. In this case, the court may issue a warrant for your arrest, requiring you to appear at a probation violation hearing to determine the next steps.

The Probation Violation Hearing

A probation violation hearing is a legal proceeding where the court reviews the details of your probation breach. During this hearing, the Crown prosecutor will present evidence to show that you violated your probation, and your lawyer will have the opportunity to defend you.

1. Evidence Presentation
   • The prosecutor must present evidence that demonstrates you breached the terms of your probation. This could include testimony from your probation officer, records of missed appointments, or evidence of a new offence.
2. Defence Presentation
   • You have the right to present evidence to explain or justify the alleged violation. For example, if you missed a probation appointment due to a medical emergency or unavoidable circumstance, your lawyer can present this information as a defence.
3. Judge’s Decision
   • The judge will consider all evidence presented and decide whether a violation occurred. If the court finds that you breached your probation, it will determine the appropriate consequences.

Potential Consequences of Violating Probation

If you are found to have violated your probation, the court may impose one or more of the following penalties, depending on the severity of the breach:

1. Extension of Probation
   • The court may extend your probation period to give you more time to comply with the conditions. This is common for technical violations or cases where the judge believes the offender needs additional support to fulfill their obligations.
2. Additional Conditions
   • The court may add stricter conditions to your probation, such as more frequent reporting, increased community service hours, or mandatory participation in counselling or rehabilitation programs.
3. Imposition of a Suspended Sentence
   • In some cases, the court may impose a suspended sentence as an alternative to incarceration. This means that if you comply with additional conditions, you will not serve jail time. However, failing to meet these new conditions may result in a harsher penalty.
4. Fines or Restitution
   • The judge may impose a fine or order restitution as part of your sentence for violating probation. This can be especially common if the violation involved a financial aspect, such as failure to make court-ordered payments.
5. Revocation and Imprisonment
   • For severe probation violations, such as committing a new offence, the court may revoke probation altogether and order imprisonment. The duration of imprisonment will depend on the original offence, the nature of the violation, and any new charges.
6. Criminal Record Impact
   • Violating probation can impact your criminal record and future sentencing, particularly if the violation involves a new offence. A history of probation breaches can influence future judges to impose harsher sentences.

Steps to Take If You Are Accused of Violating Probation

If you are accused of violating probation, taking immediate steps to protect yourself is essential. Here’s what to do:

1. Contact a Lawyer
   • Consult a criminal defence lawyer as soon as possible. A lawyer can help you understand the allegations, develop a defence strategy, and represent you in court. They can also advise you on the potential consequences and negotiate on your behalf.
2. Gather Evidence
   • If you have a valid reason for the probation violation, such as a medical emergency or miscommunication, gather evidence to support your claim. This might include medical records, correspondence with your probation officer, or witness statements.
3. Comply with Probation Conditions
   • Continue to comply with all remaining probation conditions to demonstrate your commitment to following the court’s orders. Avoid any further infractions, as additional violations could worsen the situation.
4. Prepare for the Hearing
   • Work with your lawyer to prepare for the probation violation hearing. Discuss your options, possible defences, and any factors that may influence the judge’s decision, such as prior good behaviour or positive progress in meeting probation requirements.

Defences Against Probation Violation Allegations

Your lawyer may present several defences based on the circumstances of the alleged violation. Common defences include:

1. Lack of Intent
   • If you inadvertently violated probation without intent, such as misunderstanding a condition or missing an appointment due to a genuine error, your lawyer can argue that it was an honest mistake.
2. Reasonable Cause
   • If circumstances beyond your control led to the violation, such as a medical emergency, transportation issues, or a family crisis, your lawyer may present this as a reasonable cause. Supporting evidence, like hospital records or proof of an emergency, can strengthen this defence.
3. Challenge the Evidence
   • Your lawyer may challenge the evidence provided by the prosecution, such as questioning the accuracy of records or the reliability of witness testimony.
4. Demonstrating Rehabilitation and Compliance
   • If you have made substantial progress in meeting probation conditions and the violation was a minor, one-time occurrence, your lawyer can argue that further punitive action is unnecessary. This can include evidence of participation in counselling, regular reporting, or positive community involvement.

How De Boyrie Law Can Help

Facing allegations of probation violation can have serious legal implications, but an experienced lawyer can provide you with the support and defence you need. At De Boyrie Law, our team is skilled in representing clients accused of probation violations and understands the complexities involved in these cases. We will work closely with you to build a strong defence, advocate on your behalf, and pursue the best possible outcome.

Schedule a Free Consultation with De Boyrie Law

If you are facing allegations of violating probation, contact De Boyrie Law today to schedule a free, confidential consultation. We’ll review your case, explain your legal options, and help you protect your rights.