Breaching probation in Ontario is a separate criminal offence under Section 733.1 of the Criminal Code. If you are charged in Brampton, you could face up to 4 years in prison for an indictable offence. Contact a criminal defence lawyer immediately to negotiate with the Crown.
Being placed on probation is an opportunity to remain in the community rather than serving time in a provincial jail. However, the conditions attached to your probation order are strict legal commands, not mere suggestions. In Brampton, the Peel Regional Police and local probation officers actively monitor compliance.
If you fail to report to your probation officer, break a curfew, or communicate with a restricted person, you are committing a brand-new offence. A “breach” charge severely damages your credibility with the court, making it critical to handle the situation professionally to avoid incarceration.
Step-by-Step Process for Handling a Probation Breach in Brampton
Whether your original offence was a minor summary conviction or a serious indictable offence, the Crown Attorney’s office at the Brampton courthouse takes breaches very seriously. Here is what you generally need to do if you are accused of violating your order.
Step 1: Confirm the Status of the Warrant
If your probation officer reports a breach, the police will likely issue a warrant for your arrest. Ignoring it will only make matters worse. A defence lawyer can contact the Peel Regional Police on your behalf to arrange a safe, controlled surrender at a local division, which looks much better to a judge than being arrested during a random traffic stop.
Step 2: Secure Legal Representation for Bail
Because you have allegedly disobeyed a previous court order, getting bail on a breach charge is more difficult. The Crown will argue that you cannot be trusted to follow rules. Your lawyer will need to present a robust bail plan at the Ontario Court of Justice to secure your release.
Step 3: Review the Breach Evidence
Once you are released, your lawyer will request “disclosure” from the Crown. This package contains the evidence of the breach, such as GPS ankle monitor data, missed appointment logs from the probation office, or witness statements. Your defence team will scrutinize this to see if you had a reasonable excuse, such as a medical emergency.
Step 4: Negotiate with the Crown
In many cases, a skilled lawyer can negotiate a resolution with the Crown Attorney. This might involve pleading guilty to the breach in exchange for a minimal fine or extended probation, rather than serving actual jail time.
How Much Does a Defence Lawyer Cost in Brampton?
Unlike civil lawsuits, criminal defence requires paying a retainer fee upfront. While costs vary based on the complexity of the case, here is a general breakdown in CAD:
- Bail Hearing for a Breach: Typically between $1,500 and $3,500 CAD.
- Resolution / Plea Deal: If the matter is settled quickly without a trial, expect to pay $2,000 to $4,000 CAD.
- Proceeding to Trial: If you take the breach charge to a full trial, legal fees can range from $5,000 to $10,000+ CAD.
- Court Fees: There are no application or filing fees to defend yourself in criminal court in Canada.
How Long Does the Process Take?
The timeline for a breach of probation charge moves relatively fast compared to civil matters. From the date of your arrest to a final resolution or trial at the A. Grenville and William Davis Courthouse, the process usually takes 4 to 9 months. However, your original probation conditions will almost always remain in effect during this waiting period.
Frequently Asked Questions (FAQ)
What is a “reasonable excuse” for a breach?
The law allows for genuine emergencies. If you missed a meeting with your probation officer because you were hospitalized or involved in a severe car accident, a judge may rule that you had a lawful, reasonable excuse.
Can I change my probation conditions if they are too hard?
Yes, but you must do it legally. Your lawyer can file an application to vary the terms of your probation order under the Criminal Code. You cannot simply ignore the rules while waiting for the change.
Will a breach charge give me a second criminal record?
Yes. A conviction under section 733.1 is a separate, standalone criminal conviction. It will be added to your RCMP record alongside your original offence, making future background checks even more difficult.
Do I still have to follow probation if I am charged with a breach?
Absolutely. Being charged with a breach does not cancel your existing probation order. You must continue to follow all rules and attend all mandatory appointments while the new charge is processed.
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