When Do You Need a Probation Violation Lawyer?
If you have been accused of violating your probation in Canada, it is essential to reach out to a probation violation lawyer. This is because, if it is determined that you did violate your probation, you may face incarceration and be required to serve your original sentence or even a longer sentence.
Probation periods may vary greatly, from one to ten years, but can vary based on the rules of the jurisdiction. It is important to know that, simply because you have violated your probation, it does not mean that you will automatically be required to serve your original sentence.
If your violation is a less severe violation, such as drinking alcohol, you may only receive a warning. In many instances, when you violate the terms and conditions of your probation, you will likely be required to attend a probation violation hearing.
At this hearing, a judge will determine if you did violate your probation as well as the consequences you may face for doing so. To prove you have violated your probation, the prosecution will have to show that you violated the terms of your probation by a preponderance of the evidence.
This standard means, essentially, that it is more than 50% likely that you, in fact, did what you were accused of doing. Common examples of consequences for violating your probation can include:
- Revocation of your probation privileges
- Being required to serve your original sentence
- Small to large monetary fines
- A brief period of time in prison
- Attending additional mandatory rehabilitation programs
- Additional community service
- Extension of the length or your probation
There are some types of technical violations, such as missing a meeting with your probation officer, failing a urine test, or associating with individuals that you are told to not associate with, may be dismissed by the judge or your probation officer at your probation violation hearing. It is important, however, that you do try to adhere to the terms of your probation as best you can, as some judges and jurisdictions may not allow even a small violation to go unpunished.
If you do have any questions or issues related to a probation violation, it is important to reach out to a lawyer for probation violation who can help you avoid being incarcerated again.
How Much Does It Cost to Hire a Probation Violation Lawyer in Canada?
The cost of hiring a probation violation lawyer will be different depending on numerous factors, such as:
- Experience: Experienced lawyers typically charge higher rates than newer lawyers do.
- Billing method: Lawyers can use different billing methods to charge their clients, such as:
- Hourly rate
- Flat fee
- Contingency fee
- Retainer fee
- Location: Lawyers in larger cities will typically charge higher rates than those in more rural areas or smaller towns.
If a probation violation lawyer uses an hourly fee arrangement to bill clients, they will likely charge anywhere from CA$200 to CA$500 or more per hour. In certain criminal cases, your lawyer may require you to pay a retainer fee as well.
This fee is essentially a deposit for their future work. If your lawyer does require a retainer fee, they will bill their work against your retainer using their hourly rate. Once your retainer amount has been used, your attorney will bill you on an hourly basis.
What to Look for in a Probation Violation Lawyer?
It is essential to find a probation violation lawyer with whom you are comfortable working to ensure you can present the best defense on your behalf. Some tips for finding a probation violation lawyer for your needs includes:
- Communication: Because a finding that you violated your probation can potentially mean potential incarceration, it may impact all aspects of your life. Because of this, you should find a lawyer who promptly responds to your questions and who provides regular updates on your case.
- Experience: Seek out an attorney who has experience with probation violation issues to make sure they are familiar with the applicable laws and possible consequences in your jurisdiction.
- Strategy: Your probation violation attorney should be able to explain the strategy or strategies they plan to use in your unique situation.
How to Prepare for Your Consultation With a Probation Violation Lawyer?
If you prepare before your consultation with your probation violation lawyer, it will help ensure you get the most out of your meeting. In addition, it will give your lawyer time and information needed to create the best possible defense strategy for your case.
Steps you can take to prepare for your consultation include:
- Make a written list of discussion points: Before your meeting, you should write down any questions, concerns, or discussion points you have, such as:
- Background and experience of the lawyer
- Thoughts on the possible outcomes of your situation
- Their experience with probation violation cases specifically
- The lawyer’s success rate with similar types of cases
- Gather evidence: You should bring any evidence that you have related to your probation violation, such as:
- Police reports
- Communications
- Court documents
- Photographs
- Other evidence you may have
- Be honest: When you meet with your lawyer, you should be completely honest about the situation, even if you have to share embarrassing or incriminating details. If you do not, your attorney cannot adequately prepare a defense.
- Lawyers must adhere to professional confidentiality rules that prohibit them from sharing information you tell them with anyone else.
Where to Find Probation Violation Lawyers in Canada?
A no-cost and convenient way to locate a probation violation lawyer in your area of Canada is LegalMatch. LegalMatch gives you a convenient lawyer matching service with no up-front costs for you.
You may think it would be simple to find a lawyer online by searching for “probation violation lawyers near me” or “probation violation attorneys near me,” the results you get from your search may not likely give you enough information to find the lawyer you need.
Using LegalMatch, on the other hand, you can easily get information about probation violation lawyers in your area in a few simple steps:
- Submit your issue or concern: Submit information about your probation violation issue in around 15 minutes on the LegalMatch website.
- Get matched to attorneys in your area: You will get responses from probation violation lawyer matches in your area in about 24 hours.
- Choose a probation violation attorney: When you get probation violation attorney responses, they will include information about the lawyer’s:
- Background
- Education
- Fee arrangements
- Client reviews
In contrast to generalized online searches, information LegalMatch gives you can help you find a prescreened and licensed probation violation lawyer in your area, whether you live in a small town or a large city, such as Toronto, Montreal, or Vancouver. Numerous lawyers will also offer you free initial consultations, which allows you to explore multiple options to find the attorney who best fits your needs and budget.
