Consequences of a Calgary Probation Violation
Under Canada law, probation is a sentencing option that is available to judges for certain criminal charges. A probation sentence allows the offender to be released into the community instead of being held in custody. Judges and provincial courts may use their discretion when it comes to issuing a probation sentence. Probation also allows first-time offenders a second chance and gives them time to rehabilitate themselves instead of facing jail time. A criminal probation sentence may consist of required community service, restitution, drug treatment programs, and mandatory mental health counseling.
Violating a criminal probation sentence can come with very serious penalties and consequences. A probation violation occurs when an offender intentionally or accidentally disregards one or more terms of his or her criminal probation, and a warrant is issued for the offender’s arrest. After the offender has been served with the warrant, he or she may be called upon to appear in court for a probation violation hearing.
If you have been charged with violating your criminal probation, you need a knowledgeable Calgary criminal defence lawyer representing you throughout your case. The criminal defence lawyers at Bourdon Defence can take the necessary legal actions to help you minimize the consequences of your probation violation.
Proving that the Accused Violated Probation
Under Canada law, the Crown – or the prosecution – has the burden of proving that a criminal accused violated one or more terms of probation and must show that the violation was willful and substantial in nature. Some common examples of Calgary probation violations include the following:
- Failing to report to a probation officer
- Missing appointments with a probation officer
- Failing to perform mandatory community service
- Committing a new criminal offence during the probationary period
- Failing to complete a court-ordered drug rehabilitation program
- Failing to complete a court-ordered mental health program
- Testing positive for drugs while the probation is pending
- Failing to pay court-ordered financial obligations or restitution during the probationary period
Potential Penalties for Calgary Probation Violations
If a judge finds that the criminal accused willfully and substantially violated a probation order, then the court could impose one or more of the following sanctions:
- Revoking the criminal accused’s probation status
- Imposing the maximum sentence for the crime with which the criminal accused was initially charged
- Sentence the accused up to the maximum penalty for the underlying criminal offence
- Eliminate eligibility for future expungement of the underlying charge
Generally speaking, judges have broad discretion when it comes to determining whether or not the accused violated his or her probation and in determining what, if any, penalties should be imposed following a probation violation.
Call a Calgary Probation Violation Lawyer Today for a Free Case Evaluation and Initial Legal Consultation
There is no doubt that probation violations have serious criminal penalties associated with them. Consequently, if you have been charged with violating your criminal probation, you do not want to go it alone. It is essential that you have aggressive, result-oriented legal representation on your side throughout every stage of your case. To schedule a free consultation and case evaluation with a Calgary criminal defence lawyer, please call us today or contact us online.