Probation is a type of correctional method where offenders are supervised amongst the community instead of in custody. In these cases, judges and provincial courts use their discretion and see probation as a second chance for first-time offenders. In other cases, probation is utilized at the end of a prison sentence if the court feels that the offender could be better rehabilitated out in the community instead of in custody.
Probation is a sentencing option available to a judge when an offender has committed certain categories of criminal charges. The Crown may suggest that the convicted offender perform some type of community service or make restitution to the victim as part of the probation sentencing. Treatment programs and mandatory counseling for alcohol, drug problems or mental health concerns can also be a part of an offender’s probation sentencing.
There are circumstances under which a probation officer may accuse an offender of violating his or her probation. There may be a warrant filed for your arrest or you may be called in to appear in court for a probation violation hearing if a violation of probation occurs. Probation violations can bring significant penalties in Alberta. The criminal defence team at The Law Office of McGlashan & Mackinnon can help you understand your options and help you plan your next step.
If you or someone you know is being accused of a juvenile probation violation, dui probation violation, or any other indictable/felony probation violation the criminal defence team at the The Law Office of McGlashan & Mackinnon is prepared to stand by your side. There are various reasons that a probation officer may accuse an offender of violating the terms of their probation sentence. The convicted offender may have broken a “technical” condition of their probation. On the other hand, the convicted offender may have violated probation by committing a crime while being on probation. Types of “technical” violations can include failing to pay fines or restitution, changing one’s residence without prior approval, or failing to attend mandatory counseling sessions or visits with a probation officer. The probation violation defence team at the The Law Office of McGlashan & Mackinnon knows that a simple parole violation does not mean that you deserve to go to jail.
In the case of a “technical” violation that is your first violation of probation, your probation officer may choose to simply caution you rather than filing an arrest warrant. However, in Alberta, probation officers have the authority to file an arrest warrant even if it is your first “technical” probation violation.
If you feel like a violation of your probation may lead to your arrest, contact a lawyer at the The Law Office of McGlashan & Mackinnon and we can advise you on your best options. A probation violation bond is an amount of money that can be paid for your release if a warrant is issued for your arrest. On summary/misdemeanor warrants, the bond amount is often determined right away. In the cases of indictable/felony warrants, you are arrested and booked into jail immediately where you have to wait until the judge decides whether or not to set a bond for your release.
A lawyer can be very valuable to you through this stressful time. In the case where a probation violation bond has been set, a lawyer can help arrange your surrender to the jail. And when there is no bond, in the case of a indictable/felony probation violation, your lawyer can help arrange your surrender to the court, and ask the court to set a bond for your release. And once you have decided to surrender, a lawyer can also work to keep law enforcement from actively seeking you on the warrant.
No matter if you have violated the conditions of your probation on a technicality or by committing a new crime, you need a criminal defence firm that can advise you on your next move and help lobby with the court to serve your best interests. Seeking help from probation violation lawyers at the The Law Office of McGlashan & Mackinnon can mean the difference between staying out of jail or serving significant time in prison. Contact us today.
Serving Edmonton, Fort Saskatchewan, Leduc, St. Albert, Spruce Grove, Sherwood Park, Beaumont, Bon Accord, Bruderheim, Calmar, Devon, Gibbons, Legal, Morinville, Redwater, Stony Plain And Strathcona County, Leduc County, Parkland County And Sturgeon County,
