What Are the Consequences of Violating Parole or Probation Terms in Ontario?
Posted on December 13, 2024
In Ontario, parole and/or probation can be offered to those serving criminal sentences in prison as an opportunity to be reintegrated into society under very specific rules and conditions. Parole, in particular, is considered to be a privilege, not a right, and it is a form of release that allows individuals who have been charged with a criminal offence to serve part of their sentence in the community under supervision, rather than in prison. However, failing to comply with the terms of your parole or probation can have severe consequences, including returning to custody or facing additional penalties.
If you are on parole or probation, understanding how these systems work and what’s expected of you is critical. Violating even one condition—no matter how minor it seems—can jeopardize your release. When you’re on parole or eligible for parole, a smart and experienced criminal defence lawyer is a strong ally, especially if you find yourself accused of non-compliance. With proper legal advice and representation from the trusted criminal defence lawyers at Karrass Law, you can address the situation effectively and protect your future.
What Is Parole and Why Does It Matter?
Parole is a conditional release that allows you to serve the remainder of your prison sentence in the community again, but under supervision. It is overseen by the Parole Board of Canada (PBC), which evaluates whether an offender poses a manageable risk to society.
The main goals of parole are to assist with your reintegration into society, reduce the risk of repeat offences, and give you the opportunity to demonstrate that, as a convicted offender, you can follow the strict conditions associated with rehabilitation. Parole is a give-and-take arrangement that gives you significantly more freedom but within the confines of certain rules, including reporting to a parole officer, attending court-mandated rehabilitation programs, and avoiding people and/or locations.
What Happens If You Don’t Comply with Parole Conditions
Failing to comply with any of these conditions—even unintentionally—can potentially lead to a parole suspension or revocation of parole, which, if not handled properly by a criminal defence lawyer, can end up sending you back to prison. To avoid this consequence, it’s essential to be mindful of your parole terms and ensure you fully understand them. At Karrass Law, your criminal defence lawyer can provide clarity and legal advice on what’s required and how to stay compliant, as well as help you navigate legal challenges with your parole and violations should they arise.
How Does Probation Work?
Probation, on the other hand, is a court-ordered sentence that allows you to remain in the community instead of serving time in custody for that charge. It can also be imposed after a prison sentence as part of an overall sentence.
Like parole, probation also comes with similar goals and specific conditions, which can include check-ins with an assigned probation officer, counselling, avoiding criminal activity, a known criminal or drugs/illegal substances, performing community service, following curfews, and more. Violation of probation terms can result in extended probation, fines, or even imprisonment.
The Role of the Parole Board and Tribunal Process
If you are accused of violating your parole, the Parole Board of Canada (PBC) will conduct a hearing to determine what happens next. This hearing—often referred to as a parole revocation hearing—is similar to a tribunal. It is not a full court proceeding, but it is still formal and follows a structured process which is designed to assess the nature of the violation, its magnitude, your individual progress, and explanations that lead to a violation. For insight on how to navigate your hearing in front of the Parole Board of Canada, talk to your criminal defence lawyer, Robert Karrass, for legal advice.
Depending on how the hearing goes, the tribunal process can result in one of the following outcomes:
- Reinstatement of Parole
- Parole Suspension
- Parole Revocation
The tribunal process is often stressful and high-stakes. An experienced criminal defence lawyer by your side is critical to ensure your voice is heard and your case is presented effectively.
How a Criminal Defence Lawyer Can Help
When you have Robert Karrass and the Karrass Law team of experts on your side, we’ll go beyond just legal advice. Our criminal defence lawyers in Toronto and throughout Ontario will represent you, challenge violations, negotiate outcomes, and more to ensure you are represented well and your interests are being looked after. We will present your progress and get you the best possible outcome for your situation.
For support, guidance, and unmatched legal advice, book a consultation with Karrass Law.