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I had a question regarding my probation. can someone help?

Customer Question
Hi, i had a...

Hi, i had a question regarding my probation. can someone help?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Oh I am in canada, actually.

Lawyer's Assistant: Have you talked to a lawyer yet?

I have not.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well my probation is over on october 24th, and i was hoping to end it a month early for travel reasons

Submitted: 8 months ago.Category: Canada Law
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Answered in 14 hours by:
9/19/2017
Lawyer: CaptanLaw, Lawyer replied 8 months ago
CaptanLaw
CaptanLaw, Lawyer
Category: Canada Law
Satisfied Customers: 271
Experience: I'm a criminal defence lawyer, who assists individuals charged with crimes.
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Hello

I'm a criminal lawyer and can assist with your inquiry.

As you are aware, the starting point is that you must make sure that you strictly comply with all your probation conditions, as failing to do so would trigger a new criminal charge of Fail to Comply.

Every probation order may be structured differently. For example, some probation orders do NOT require an offender to report to a probation officer. With an order like that, provided that you have fulfilled all your other conditions, being on probation, alone, does not restrict travel.

Most probation orders, in my experience, require reporting, as well as some other optional conditions, such as community service hours, etc. One option to start with is to review your situation with your probation officer, and see whether you are required to remain in the jurisdiction until October 24th, to comply with the Order. For example, if your probation officer wants you to report up until October 24, then without taking any other additional steps, this would prevent you from travelling. In short, start by speaking to your probation officer and see if your plans can be accommodated, in light of the specific conditions you are on and his/her approach to them.

Assuming that your probation officer says that, based on your conditions, you must remain in the jurisdiction, the only other hope you have is to make an application to the Judge who sentenced you, to vary either the length of your probation order (to allow you to travel), or to vary the conditions (for the same purpose). This is not an easy thing to do. You would need to strongly justify the change. For example, if you wish to travel for leisure only, a Judge may not accept that. If it is to start a school program somewhere else, for example, that might be a stronger argument. Your probation officer could explain how to make the application.

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