A probation order is a set of conditions imposed on you by the court for a set period of time which can be anywhere in the realm of 6 months to 2 years.
Often, a probation order is used instead of a prison sentence or can also be combined with a prison sentence. If you do not agree to the terms of the probation, the magistrate will find another punishment for you to undertake.
Our criminal defence lawyers are experienced in handling cases related to probation and can get you the best possible outcome.
You may be required to report to a probation officer or be supervised by a probation officer (usually during community service/counselling).
If you violate this term of your probation, your probation officer can charge you with a “Breach of Probation” which could result in further entries on your criminal record and a more extreme sentence on any future charges.
A breach offence occurs when:
Courts have zero tolerance for breaches of probation and will impose strict penalties. The penalties of the breach vary depending on the severity of the misconduct and the nature of the offence.
In Queensland, 80.5% of those who have breached a community service order have been returned to court and 24.87 were returned to custody.
If you have breached your probation order, you should realise that there are few credible defences that can be used. Generally, the best defence against a breach is to demonstrate that you had a reasonable excuse for being non-compliant or that the requirement of your probation order was not reasonable.
It is essential to obtain legal advice from an experienced criminal defence lawyer when trying to defend against a breach of probation charge.
If you are charged with a breach offence, it is very important that you seek immediate legal advice. Our team of lawyers at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
Download our free eBook to learn some fundamentals about how the system works and what to expect.
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