Your Breach of Probation Lawyer Serving Brampton
Nirwal Law, located in Brampton and led by criminal defence lawyer Manbir Nirwal, focuses exclusively on safeguarding your rights and protecting your future. Knowing the stakes are high, Manbir brings extensive courtroom experience and a results-driven approach to your case.
Manbir takes a strategic and a personalized approach to every case. Whether the charge is minor or serious, Manbir is committed to achieving the best possible outcome for you. Your defence begins here!
Have You Been Charged with Breach of Probation?
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You probably think the legal system is behind you at this point. After all, you have finished your trial or pleaded guilty, been sentenced to probation, and attempted to rebuild your life. However, due to a simple misunderstanding or simply getting busy, you find yourself charged with a breach of probation under Section 733.1 of the Canadian Criminal Code.
I am a defence attorney with more than twenty years experience defending individuals in courts throughout the province of Ontario. What I frequently see is how many defendants view their terms of probation as little more than an administrative annoyance. Many feel that since their primary charges are behind them, a breach of their terms is merely a light slap on the wrist. This is a serious misconception.
Probation Is a Court Ordered Sentence
While bail conditions — which regulate your actions until your trial — are meant to restrict your actions while awaiting trial; probation is a formal condition imposed upon you as part of the sentence you receive upon being found guilty or receiving a conditional discharge. The judge placed you on probation based on their belief that you should serve a portion of your sentence in the community while subject to certain restrictions.
Since probation is considered an active, enforceable court order, breaching those conditions is seen as an open challenge to the judge who issued those orders. Some examples of common violations that result in a breach of probation include:
- Missing scheduled meetings with your probation officer
- Failing to participate in court-ordered programs such as anger management classes or drug treatment programs
- Falling behind in completing your required number of community service hours
- Contacting persons whom you were specifically prohibited from contacting
Consequences For Violating Terms of Probation
A violation of the terms of your probation constitutes a separate criminal offence. Upon conviction for violating the terms of your probation, you will obtain a new criminal record entry, in addition to your current one.
Depending on whether the prosecution proceeds by indictment or summarily (which depends on the nature and seriousness of the alleged violation), you may be fined up to $5,000; or imprisoned for no longer than 18 months for a summary conviction; or you may receive imprisonment for up to two years in a federal penitentiary if the prosecution proceeds by indictment.
Moreover, violating the terms of your probation gives the Crown the right to reopen your original matter. Should you originally receive a conditional discharge for committing an original offence; and subsequently violate the terms of your probation, then the court may elect to rescind the conditional discharge and impose a permanent conviction against you for the original offence.
How We Defend Charges of Breach of Probation
Perhaps most significantly, when someone misses a deadline, appointment or other term of his/her probation; he/she usually attempts to explain himself/herself to the probation officer. His/her probation officer is an officer of the court. All that you tell him/her about why you missed something will be documented and immediately turned over to the Crown attorney.
To convict you, the Crown must show that you willfully violated the terms of your probation. That is exactly where we begin developing our defence strategy.
Did you experience a legitimate reason that caused you to miss some type of deadline or obligation? Was there a documentable medical emergency that made it impossible for you to attend an appointment? Were you informed of changes in scheduling with regard to some sort of meeting by your probation officer but did not get adequate notification? A legitimate error or unforeseen circumstance does not constitute a criminal act.
Do not wait for the police to obtain an arrest warrant for you. Maintain documentation related to your circumstances; do not discuss your situation with your probation officer; allow us to thoroughly examine your file so we can ensure your freedom.
Why Clients Choose Manbir
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Manbir Nirwal
Manbir Nirwal
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
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Have You Been Charged with Breach of Probation?
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