I’ve been charged with Breach of Probation. What do I need to know?
Question & AnswerI’ve been charged with Breach of Probation. What do I need to know?
4. Figure out if you have a defence
You can defend yourself in a criminal by showing:
- the Crown has not proven all of the elements of the crime
- your situation fits into a legal defence in the Criminal Code
- your Charter rights were violated
For a of Breach of Probation, you may also have a defence if you honestly forgot to follow one of your rules. For example, if your probation order said you were supposed to report to your probation officer on Saturday, but you accidentally showed up on Sunday because you got the date wrong.
The Crown must also use a certified copy of your probation order. A regular photocopy is not good enough to count as .
Think about what evidence you can use to present your defence. Evidence might include:
- photos or videos
- witnesses who saw the incident
- telling your version of the story in court
The Charter of Rights and Freedoms says that you have certain rights when you're dealing with government. The government includes the police, the Crown, and the courts. For example, the police must:
- not search you in an unreasonable way
- not use excessive force against you
- not or you without a good reason
- help you contact a lawyer if want one
- explain why you're detained or arrested
If any of your Charter rights are violated, the judge can throw out certain evidence in your case. In some situations, the judge may even dismiss your charges completely, for example, if it takes too long to give you a trial.
It can be legally complicated to discover Charter violations and know how to present them in court. It's best to talk to a lawyer before your trial to find out if there are Charter issues and how to deal with them.