Breaching your probation in Mississauga is not just a mistake; it is a brand-new criminal charge. Under section 733.1 of the Criminal Code of Canada, failing to comply with a probation order without a reasonable excuse can result in arrest, further restrictions, and legal fees ranging from $3,000 to $7,500 CAD to defend the new charge.
Being placed on probation by a judge at the Brampton Courthouse allows you to serve your sentence in the community rather than behind bars. However, this freedom comes with strict, court-ordered conditions that you must follow flawlessly. Whether you are required to complete community service in Mississauga, attend counselling, or simply report regularly to a local probation officer, these rules are legally binding.
When a probation officer believes you have violated one of these rules, they do not just give you a warning. They will report the violation to the police, initiating a chain reaction that can severely complicate your life. Defending against a “Failure to Comply with Probation Order” charge requires an aggressive strategy, as the courts take court-order violations very seriously. This guide explains the process, penalties, and steps you should take if accused of a breach in the Peel Region.
Step-by-Step Process Following a Probation Breach
A probation breach is treated as a separate, fresh criminal offence. It follows a standard path through the justice system, starting with your arrest and ending with a new court resolution.
Step 1: The Breach is Reported and Charges Laid
If you miss an appointment with your probation officer in Mississauga or fail to pay restitution, the officer will file a report. The Peel Regional Police will then investigate. If they find reasonable grounds, they will lay a new charge against you for “Failure to Comply” and either issue a warrant for your arrest or serve you with a summons to appear in court. 🚨
Step 2: Bail Hearing (If Arrested)
If you are arrested on a warrant, you will be held for a bail hearing. Getting bail on a breach charge can be significantly harder than your original charge. The Crown Prosecutor will argue that because you already broke a court order, you cannot be trusted to follow new bail conditions. Having a skilled criminal defence lawyer at this stage is absolutely critical to avoid being held in custody.
Step 3: Reviewing the Crown’s Disclosure
Your lawyer will obtain the disclosure evidence from the Crown, which typically includes the notes from your probation officer. The defence will look for procedural errors or explore whether you had a “lawful excuse” for the breach-such as a documented medical emergency at Trillium Health Partners that physically prevented you from reporting on time.
Step 4: Negotiating or Going to Trial
Many breach charges are resolved through negotiations. Your lawyer may convince the Crown to withdraw the charge if you immediately rectify the breach (e.g., completing your missing community service hours retroactively). If the Crown refuses to budge, your law firm will take the matter to trial at the Ontario Court of Justice to aggressively defend your actions.
How Much Does it Cost in Mississauga?
Defending a new breach charge adds substantial financial stress. Here are the typical costs you can expect when hiring a private law firm in the Peel Region:
- Bail Hearing for a Breach: Securing release after allegedly violating a court order is complex, typically costing between $1,500 and $3,500 CAD.
- Negotiation and Resolution: If your lawyer can negotiate a withdrawal or a plea deal without a full trial, the block fee generally ranges from $3,000 to $5,000 CAD.
- Trial Fees: Taking a breach of probation charge to a full trial at the Brampton Courthouse will usually cost between $5,000 and $10,000 CAD, depending on the number of court days required.
How Long Does the Process Take?
Because a breach is treated as a new charge, the timeline resets. Resolving a probation breach charge through a negotiated plea might take 3 to 6 months. If you proceed to a trial, it can take up to 18 months to reach a conclusion under Canada’s standard trial limits. Furthermore, if you are convicted of the breach, the judge may sentence you to jail time, extend the length of your current probation, or impose even stricter conditions.
| Type of Offence | Maximum Penalty (Summary) | Maximum Penalty (Indictable) |
|---|---|---|
| Failure to Comply with Probation | Up to 18 Months in Jail | Up to 4 Years in Prison |
Frequently Asked Questions (FAQ)
What counts as a “reasonable excuse” for a breach?
A reasonable excuse must be an unavoidable, external factor. For example, a severe sudden illness with a doctor’s note, or being involved in a severe car accident on the way to your probation meeting. Forgetting the date is never a reasonable excuse.
Will my original sentence be changed?
Your original conviction stands, but a judge can revoke your probation and resentence you for the original crime if your probation was a suspended sentence. You will also face a separate penalty for the new breach charge.
Does a breach reset my probation clock?
Not automatically, but a judge has the power to alter the terms of your probation as a penalty for the breach, which could include extending the duration up to the maximum limit allowed by law.
Can I just talk to my probation officer to fix it?
Once the breach has been formally reported and police are involved, it is out of your probation officer’s hands. You must deal directly with the criminal court system and should hire a lawyer immediately.
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