Probation is a key part of Canada’s criminal justice system. The rules about probation help protect the public and support the law. They also let offenders, who do not appear dangerous, stay out of jail.
In Canada, probation rules try to strike a good balance. They offer offenders a fair chance to better their lives. At the same time, these rules help keep them from committing new crimes.
There is a common misunderstanding about probation. Some people think it is different from a sentence. However, probation is really a type of sentence. It is often seen as easier than serving time in prison.
As you may know, probation rules can be very tricky. People who want to stay out of trouble need to understand how these rules apply to their situation. This article will explain when probation is used, what it includes, and how the legal system in Canada deals with breaking probation.
When is Probation Used?
As mentioned before, probation is a way to avoid jail. This allows offenders to stay in their communities. They can do this by following the rules set in their probation order.
It usually results in a fine rather than jail time. This is often used for specific types of sentences, like conditional or suspended ones. When people have a special type of sentence, they might have two probation orders. The first is for the time of the sentence to see if they follow the rules. The second is for after they complete the sentence.
Probation is a method to monitor people after they complete their time in jail. It helps ensure they do not commit more crimes right after getting out. New convicts often need to check in with their probation officer for a set time while they readjust to life in the community.
There are some similarities between probation and bail conditions that are given during a hearing. But they are different each time. Bail conditions are set before a trial starts. On the other hand, probation rules are made after someone is sentenced.
It often happens with young people who do wrong things. The rules for young offenders usually focus on helping them stay engaged in school or work. This support helps reduce the chance of them breaking the law again.
What Do Probation Rules in Canada Involve?
The rules for probation in a special case depend on what the case is about.
For example, a person accused of drunk driving may need to stay away from drinking or using cannabis. This rule could be part of their probation. A person charged with domestic violence often gets an order. This order stops them from contacting the person they are accused of hurting.
While on probation, people must keep in contact with their probation officer. They should inform them if they change their address or job.
In both cases, the rules of probation are made to keep people safe from harmful actions. They also help ensure the person is responsible. This keeps them from going back to bad habits.
There are different rules for adult probation and juvenile probation. This is because young offenders have different challenges.
How Long Do Probation Orders Last?
According to Canadian law, a probation order can last no longer than three years. You cannot have one order after another, but you can have them at the same time. This means that if you are charged with domestic violence or impaired driving, you may receive probation orders. These orders might stop you from reaching out to the person who accused you or from using alcohol. Still, these orders will be in effect at the same time.
Three years is the longest time for probation rules. The court can stop or change a probation order anytime within this time. This usually happens when the court thinks you will not break the law again.
Credit: niu niu Via Unsplash
What Happens if You Break Probation Rules?
Breaking probation rules in Canada is not a crime. It is related to the rules set by the court. Still, this difference does not mean that breaking probation is unimportant. Depending on what happens, it can lead to jail time and a criminal charge.
A person can usually break probation rules in two ways. One way is by not following the rules or conditions set by the court. This might happen if you talk to someone the court says you cannot contact or if you miss your meeting with your probation officer. The other way is by doing something illegal while on probation.
But probation violation is a general term. It covers several things, such as:
- Not appearing in court
- Fleeing from police custody
- Preventing justice from being served
- Hindering the police in their work
- Not helping during an arrest
- Assaulting an officer
If you are found guilty of violating probation in Ontario, you may be found guilty of one of these:
- A crime that can cause a fast trial and a fine of up to $5,000, and/or jail time up to 18 months.
- A serious crime that can lead to jail time of up to four years.
However, being charged with breaking Ontario’s probation rules does not mean you will be guilty. The law lets a judge be flexible if you have a good reason for breaking the rules. It is important to get help from a criminal defense lawyer in Toronto. They can explain your side of the story.
When they work properly, probation rules in Canada help keep people who are safe from going to jail for a long time. These rules also give judges several tools to use when picking sentences.
Canada’s justice system gets criticism for how it handles probation. A shortage of funds and clear rules makes some people question if the probation system works properly. This is why it is important to have help from a Toronto criminal defense lawyer when facing charges about breaking probation.
If you have charges related to probation rules, reach out to Jeff Reisman Law today. You can get the help you need to fight the charges and stay away from a tough penalty.