Failure to Appear & Breaches of Probation

Failing to appear and a breach of bail or probationary conditions are commonly charged offences in Alberta. Penalties can range from probation and fines to varying lengths in jail.

Related Links

Convictions on even one or two of these charges can quickly result in individuals being denied bail when charged with additional criminal offences in the future. These offences indicate to the Court that they cannot depend on an offender’s promise to appear in court or comply with court orders.

Common Charges Related to Breach of Probation

The area of breach of probation law includes the following possible charges:

  • Failure to appear in court
  • Failure to attend fingerprinting
  • Escape of lawful custody
  • Obstruction of justice
  • Obstruction of the police
  • Resisting arrest
  • Assaulting an officer of the peace

Consequences of Failure to Appear and Breach of Probation

  • Failure to appear in court carries with it a maximum of two years in jail (indictable offence or summary conviction) and/or up to a $5,000 fine
  • Breach of probation carries with it a maximum of two years in jail plus a $5,000 fine (summary conviction) or four years in jail (indictable offence)

If You’ve Failed to Appear in Court or Have Breached Your Probation – It’s Time To Call a Lawyer

It is important that you get legal advice from our criminal lawyers when dealing with these types of charges. There are numerous, and sometimes quite technical, defences we can use to protect your rights.

DDSG Criminal Law has a number of expert lawyers with years of experience in this area. Contact us today to learn more.

Frequently Asked Questions About Failure to Appear/Breach of Probation Charges In Alberta

Yes, you can. Even if you forget your court date, failing to appear at court when you are required to can lead to a conviction. You must have a lawful excuse for not attending court, which requires that you establish due diligence on your part.

If you fail to appear in court, the judge will likely issue a warrant for your arrest and adjourn the case until the following day, of which you will be required to attend.
You could be arrested if the police find you before that day or you could be arrested and charged at the courthouse.

Probation orders in Canada cannot last longer than three years and cannot run consecutively (although they can run concurrently, or at the same time). For example, if you are on probation for two crimes, the terms of the probation for each crime would be in effect at the same time, not back-to-back.

In Canada, violating terms and conditions of your probation order is not considered a criminal offence, but it is an Offence Against the Administration of Justice and is still a serious matter. It can lead to jail time and a criminal charge.

Lawyers with a practice interest in Failure to Appear and Breaches of Probation

Lauren Garcia

Lauren L. Garcia

Senior Partner

View Profile
Graham Johnson

Graham Johnson

Senior Partner

View Profile
Kathryn Quinlan

Kathryn A. Quinlan

Senior Partner

View Profile
Alexandra Seaman

Alexandra K. Seaman

Senior Partner

View Profile
Dushan Coulson

Dushan Coulson

Associate Lawyer

View Profile
Jordan McDermott

Jordan McDermott

Associate Lawyer

View Profile
Sarah Kondor

Sarah Kondor

Associate Lawyer

View Profile

Courtney Lamb

Student

View Profile

Do you have questions about failure to appear and breaches of probation?

Contact Us