What is Probation?

Probation may constitute either part or the entirety of a sentence following a conviction for a criminal offence. The individual subject to probation, also known as a probation order, is obligated to comply with the conditions established by the presiding judge.

In the event that you are confronted with the possibility of a sentence involving probation, we urge you to promptly seek legal counsel from Wilson Criminal Defence. We are readily available to discuss your alternatives and provide guidance.

How to Qualify for a Probation in Calgary 

To qualify for probation or a suspended sentence in Calgary, it is necessary to satisfy the judge that you are a suitable candidate for community supervision, among other requirements. 

This determination is typically based on a review of your past, present, and future circumstances. The duration of probation may range from six months to three years, with the average being twelve to twenty-four months. 

The probation order may include a variety of conditions such as regular meetings with a probation officer, attendance at counseling sessions, compensation for any damages incurred as a result of the offence, abstinence from drugs or alcohol, maintaining employment or education, and any other provisions that the court deems appropriate.

Noncompliance with the conditions of probation is regarded as a separate criminal offence, underscoring the importance of negotiating the terms of probation diligently and bringing any concerns to the attention of the court. 

What Are the Conditions of Probation?

A probation order incorporates several mandatory conditions, which are standard across all orders. These conditions consist of keeping the peace, demonstrating good behavior, appearing in court as required, and providing notice of any modifications to personal information such as name, address, or employment.

Following these basic conditions, a broad range of additional conditions may be included in the probation order. These conditions are typically tailored to the specific circumstances of the individual under probation while remaining reasonable and serving to protect society and facilitate the individual’s reintegration into the community. 

Common conditions that may be imposed include:

• Regular meetings with a probation officer, 
• Refraining from contact with specific individuals, 
• Avoiding particular locations, 
• Receiving treatment for substance abuse, 
• Anger management, 
• Psychiatric issues, 
• Completing community service, 
• Abstaining from drug or alcohol use, and 
• Refraining from possessing weapons.

How Long Does a Probation Last? 

Under Canadian law, a probation order may not exceed a duration of three years, and probation orders cannot be consecutive but may run concurrently. This means that if someone receives probation orders for multiple offences, such as domestic violence and impaired driving, that prohibit contact with an accuser or alcohol consumption, these orders will overlap during the period of their activation.

Although the maximum duration of a probation order is three years, the court has the discretion to terminate, decrease, or revoke the order at any time during this period. Typically, such action is taken by the court when it is confident that the individual is no longer at risk of reoffending or committing another offence.

Breach of a Probation 

Breach of probation and failure to comply with a release order are common charges that arise from a failure to comply with the conditions of a court-ordered undertaking, appearance notice, recognizance or release order.

It is imperative to understand that no breach-related charge should be underestimated, as the Alberta courts view such charges with great gravity since they indicate a lack of willingness to follow the court’s instructions and comply with the justice process. It is a serious offence in its own right.

If an individual breaches a court order, they have already been accused of committing another offence, and the likelihood of receiving leniency for a second potential offence is minimal. The consequences of a conviction can be severe, including a lifelong criminal record, hefty fines, and even imprisonment, which may have a lasting impact on one’s future.

Is it Possible to Modify a Probation Order After it has been Imposed?

Occasionally, compliance with certain conditions of a probation order can prove to be very challenging or even unattainable. Fortunately, there exists a limited opportunity to modify one or more conditions of the probation order.

To accomplish this, an individual seeking to alter their probation order may initiate a “probation variation application.” Typically, an application is filed at the courthouse where the original sentencing occurred. After filing the application, the applicant will appear once again before the same judge who imposed the original probation order to request a change to the condition that has become problematic.

Altering probation conditions requires a complex court application process. Therefore, if you are contemplating requesting a change to your probation order, it is prudent to seek advice from one of the lawyers at Wilson Criminal Defence to explore your available options.

Call Us To Arrange A Confidential Consultation

To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.