To defend against a breach of probation charge in London, your lawyer will aim to prove that the breach was not intentional or that you had a lawful excuse, such as a medical emergency. Because this is a serious criminal offence, negotiating early with the Crown Attorney is crucial.
Being placed on probation instead of going to jail is often a huge relief. However, probation comes with strict rules ordered by the judge. A single mistake, such as missing curfew or forgetting to report to your probation officer, can result in a brand new criminal charge: “Failure to Comply with a Probation Order.”
In London, Ontario, Crown Attorneys take these breaches very seriously. It signals to the court that you are not respecting their rules. A conviction can result in jail time and a permanent mark on your record. This guide breaks down how a skilled criminal defence lawyer can help you build a strong defence against these allegations.
Step-by-Step Process in London
Defending a breach of probation charge requires a close examination of your original court order and the specific events that led to the breach. 📋
Step 1: Review the Probation Order
Your lawyer will first request a copy of the original probation order issued at the London courthouse. They need to analyze the exact wording of the conditions. Sometimes, conditions are written vaguely, making it difficult for the Crown to prove beyond a reasonable doubt that you actually violated them.
Step 2: Establish “Lawful Excuse”
Under the Canadian Criminal Code, a breach must be intentional or reckless. If you missed an appointment with your probation officer because you were in a car accident on Highbury Avenue, or if you broke curfew due to a medical emergency at Victoria Hospital, you have a “lawful excuse.” Your law firm will gather medical records, towing receipts, or witness statements to prove this.
Step 3: Crown Pre-Trial Negotiation
Your lawyer will meet with the Crown Attorney to discuss the evidence. If the breach was minor and you have a good excuse, the lawyer may negotiate to have the charges dropped in exchange for community service or an updating of your current probation conditions. 👤
Step 4: Proceed to Trial (If Necessary)
If the Crown refuses to withdraw the charge, your lawyer will take the matter to trial at the Ontario Court of Justice. At trial, the prosecution must prove that you knew about the condition, understood it, and willfully chose to break it.
Common Breaches and Defences
Every case is unique, but here is how common probation breaches are typically defended:
| Type of Breach | Common Defence Strategy |
|---|---|
| Failure to Report | Proving miscommunication by the probation officer or a valid medical emergency. |
| Breach of Curfew | Demonstrating an unavoidable delay (e.g., public transit breakdown, late work shift). |
| Failure to Pay Restitution | Showing genuine financial inability despite honest efforts to find work (not willful refusal). |
| No-Contact Violation | Proving the contact was accidental (e.g., bumping into them at a grocery store in London). |
How Much Does it Cost in London?
Hiring a criminal lawyer to defend against a breach charge involves several stages of legal billing. Expected costs in Canadian dollars (CAD) include:
- Initial Retainer: A lawyer will usually charge between $1,500 and $2,500 CAD to take the file and attend the initial court appearances at 80 Dundas Street.
- Resolution / Plea Deal: If the lawyer negotiates a withdrawal or a favorable plea deal early on, the total block fee usually stays around $2,000 to $3,500 CAD.
- Trial Fees: If the matter goes to a full trial, expect the total cost to range from $4,000 to $7,000 CAD, depending on the complexity of the evidence.
How Long Does the Process Take?
Because breach of probation is generally treated as a summary conviction offence, it moves through the London court system slightly faster than serious indictable offences. If resolved through negotiation or a guilty plea, the matter can wrap up in 3 to 5 months. If you plead not guilty and require a trial date, you can expect the process to take 8 to 14 months to fully resolve. ⏱
Frequently Asked Questions (FAQ)
Can I go to jail for a probation breach?
Yes. The maximum penalty for a summary conviction breach is up to 18 months in provincial jail. While first-time minor breaches often result in fines or more probation, jail is a real possibility for repeat offenders.
Does a breach cancel my original sentence?
No, your original sentence remains. A breach of probation is a separate, new criminal charge. You will now have two matters on your record: the original conviction and the failure to comply.
What if my probation officer gave me verbal permission?
If your probation officer gave you permission to skip a meeting or adjust a curfew, your lawyer can use this as a strong defence. Always try to get these permissions in writing or via email.
Can I just explain my situation to the judge?
Speaking directly to the judge without a lawyer is highly risky. Anything you say is on the record and can be used to convict you. Always speak through your legal counsel.
Leave a Reply