Failure to Comply With a Probation Order

Adam Goodman Toronto Lawyer

Have you been charged with ‘Failure to Comply With a Probation Order’?

If so, you will want to seek experienced legal help because the courts generally take noncompliance quite seriously as they show a lack of respect for court orders.

Adam Goodman practices criminal law in Greater Toronto Area and has the necessary experience in defending people who have been charged with a Failure to Comply With a Probation Order.

Adam has the know-how to be resourceful, aggressive & relentless in presenting the best possible case to defend your Failure to Comply With a Probation Order charges.

Adam Goodman’s clients come first

Adam Goodman does not run a stuffy traditional criminal law firm. He regularly meets with clients at times that work for their busy schedules and he will happily arrange for an evening or weekend appointment.

Why it’s essential you hire an experienced criminal lawyer

Just because you’ve been charged with a Comply With a Probation Order, that doesn’t mean you’ll be convicted.

Failure to Comply With a Probation Order cases are complex and their hundreds of variables, do not assume that you do not have a defence. Often an experienced criminal lawyer will have huge list of possible legit defences that may allow your case to be dismissed.

What does ‘failure to comply with a probation order’ mean?

The offence of failure to comply with a probation order is defined in s. 733.1(1) of the Criminal Code of Canada. The charge will be laid when it is believed that an individual has failed to comply with one or more of the terms of their probation order. The offence constitutes a new criminal offence. When prosecuted by indictment the maximum penalty for this offence is two years in jail. Examples of when this charge may be laid include:

  • Failure to report to one’s probation officer.
  • Failure to seek counseling as directed by the court.
  • Failure to complete court-ordered community service hours.
  • Communicating with an individual whom a court has ordered non-communication.
  • Being found within a boundary in violation of an order to stay away from that area.
  • Failure to keep the peace and be of good behaviour (this may be laid if the individual is charged with a new criminal offence).

What happens if you are convicted of ‘failure to comply with a probation order’?

Courts generally take failure to comply charges quite seriously as they show a lack of respect for court orders. Sentencing options include absolute and conditional discharges, suspended sentences, fines, and a period in custody. A sentence may also include a further term of probation. Depending on the nature of the probation breach it is not unusual for an individual to be sentenced to a period in custody. Being found guilty of failure to comply with probation may make it more difficult for an individual to receive bail in the future as they have shown an unwillingness to respect court orders. This is an important factor that must be considered when determining how to proceed with a failure to comply charge.

‘Failure to comply with a probation order’ possible defences:

  • Proof of the actual failure to comply – the Crown will need to prove beyond a reasonable doubt that the actions of the Accused did occur and were in contravention of a probation order.
  • Proof that the Accused was subject to a court order & their identity – the Crown must present the original or certified copies of the probation. They must also prove that the person arrested for the breach is the same person who was arrested and placed on probation on the underlying charges.
  • Reasonable excuse.

‘Failure to comply with a probation order’ FAQs

Why are failure to comply charges taken so seriously?

Although there may not be an actual “victim” in a failure to comply, the only way court orders can have any enforceability is if there are consequences attached to their contravention. There is generally a reason why a certain order was put in place, therefore courts expect them to be followed.

I was clearly failing to comply, shouldn’t I just plead guilty?

Failure to comply charges are very technical. For there to be a conviction the Crown must prove a number of different elements as well as have proper paperwork before the court. In many cases there is little advantage to plead guilty to a failure to comply charge.

Is having a failure to comply on my record really a big deal?

It’s still a criminal record or, in cases of a discharge, a finding of guilt. A failure to comply may also make it more difficult to be granted bail should an Accused person be arrested again as they have showed a lack of respect for court orders.

How much does it cost to hire Adam Goodman?

In most cases, a retainer (usually between $2000-4000) is required to begin working on your matter. Depending on the circumstance, Adam may consider working on a contingency or partial contingency basis. Adam’s law practice offers payment plans and also accepts various forms of payment including debit and credit cards.

What should you do next?

Remember Adam Goodman offers free assessments and it costs you nothing to pick up the phone to find out your rights. Contact Adam Goodman today for a free assessment of your failure to comply with a probation order case and let him help lessen your stress and worries about your legal matter(s).