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Michael P. Juskey is a Toronto Breach of Probation lawyer who can help you avoid jail time. Individuals that have been found guilty and sentenced to probation are bound by certain conditions. These conditions include: keep the peace and be of good behaviour, report to the court as required, report to your probation officer and not to contact certain individuals. Failure to comply with probation is a serious offence against the Administration of Justice. It is not uncommon for prosecutors to seek serious jail time upon conviction given that the offence demonstrates a level of disrespect for the justice system. The Criminal Code of Canada sets out the offence:
The crown attorney must prove that the accused person was previously found guilty and bound by a probation order and that he/she failed or refused to comply with that order. The section includes a provision for a “reasonable excuse” defence. It is important that you tell your criminal lawyer all of the facts surrounding the alleged breach of your probation. This will allow your counsel to explore any possible defences or mitigating circumstances that may benefit your case.
Failure to comply with a probation order is a hybrid offence which gives the prosecution the option of proceeding summarily or by indictment. If the crown attorney proceeds by way of summary conviction, the maximum sentence is a $5,000 fine and/or 18 months in jail (“super-summary” offence). If the crown elects to proceed by indictment the maximum sentence is four years in a penitentiary.
Highly recommended criminal defense lawyer in the GTA, Mr. Juskey is very professional, honest and dedicated to winning.
R v A.S.
Client’s charge of Failure to Comply with Probation was withdrawn at the request of the crown. No criminal record.
R v R.H.
Possession of methamphetamine/cannabis and failure to comply with probation (x2) charges were withdrawn at the request of the Federal crown attorney. No jail. No criminal record.