For police and probation officers in Canada, warrant and breach question, need answer ASAP?

Question

The original charges were, uttering a death threat and resisting
arrest. (2007)
When a Probation officer breaches a person, What would the steps be for him to have this done? She has not reported and the PO knows she has no intention of doing so.
How long would it be before a warrant would be issued and put on the police desk?
This is her 2nd probation breach..she got her charges dropped before on these same breaches about 4 months ago.
The Breaches are:
1. Not reporting to PO, refusing counceling, not reporting to PO regarding the results of counceling.
2. This person also has a peace bond issued by the Calgary Police to keep the peace and be on good behavioral.
This peace bond was not requested by any person, it was put on by the police them selves.
3. If she breaches her probation, would this not breach her peace bond as well?
4. What may be the sentence that the judge could hand down to her on these breaches for Probation.
Can the police arrest her just for her bond breach?

Answer 1

Hi M M:

To breach a persons probation all the PO has to do is file a motion with the Clerk for the Judge that issued the PO, and if that Judge is not available, any Justice, Magistrate, or Justice of the Peace can issue a warrant for the arrest of the person for a fail to comply with a court order.

The peace bond is basically an automatic thing that is provided by the Criminal Code of Canada and is issued to all probation orders. It must have been the CPD that arrested her originally as they are down as the complainant.

A breach of Probation is not the same as a breach of a peace bond. SHE BROKE THE PROBATION CONDITIONS, not the peace bond, unless it was worded to include violence or a non-contact order, or something similar that was not a probation condition.

Arresting somebody for a peace bond violation is a judgement call as you have to physically see the person break the order, or respond to a call in which the person named in the order is involved with an incident which is happening at the time. Hear say is not good enough in a peace bond case.

Answer 2

Here's what generally happens



1) The probation officer will do one of two things he/she will either a) report the situation to the police or b) she will be called into the probation office, and will be detained until the police show up



2) If she shows up at the office, they wouldn't even need to get a warrant; it states in the criminal code if the police have reasons to belive an indictable offence has been committed they can arrest a person without an arrest warrant. However if she's in her house, thats a different story. The police will: 1) Go before a Justice of The Peace fill out and swear on an information (charging document), the judge signs it and the charges are official 2) The police then request an arrest warrant; they must prove to the judge there are reasons for public safety that your friend is arrested, if the judge is convinced he or she signs an arrest warrant, if the judge isn't satisfied a summons is issud and served (its a paper telling your friend when/where to appear in court).



3) Yes if she breaches her probation, she a;so breaches her peace bond



4) The judge can throw a max penalty of up to 2 years in jail and or $2000 fine for each charge, which equals out to 8 years in jail and $8000 fine. However judges tend to go on the lower side of sentencing; she will most likely get maybe 30-90 days in jail, possibly up to 18 months house arrest to be served in the communtiy, and another 2-3 years probation on top of that, possibly a fine of up to $1000.

Answer 3

there's a stable possibility you would be arrested in the previous your next assembly such as your PO yet there is likewise a raffle they gained't arrest you and particularly will serve you with a summons word. enable's say a warrant is issued on your arrest and you meet such as your PO on the 6th; definite your probation officer can arrest you and save you there till an officer arrives. in the event that they arrest you with a warrant you would be spending the nighttime in police custody as a results of fact the police have not got the authroity to launch somebody who's picked up on a warrant. you would be taken in the previous a choose interior of 24 hours of your arrest and could maximum likey be released under specific condtions. At your arraiginement the crown will come to a determination to attempt your case as precis or indictable. If the crown tries it as precis your dealing with a maximum penalty of 18 months in penal complex and/or$2000 high-quality. If the crown tries your case as indictable you will face a maximum of as much as two years in penal complex. I doubt you will get the utmost penalty; at maximum 60-one hundred twenty days in penal complex, probably a suspended sentence, perhaps a good, and mockingly probation. I strongly recommend as quickly as you do have a warrant out on your arrest the two a) turn your self into the police b) turn your self in to the probation officer. do no longer think of you could run from this warrant- as a results of fact this is valid invariably and this is valid in the time of no longer basically Ontario (they are going to arrest you on grounds that a warrant exists) yet all of Canada (they are going to arrest you on grounds that an indictable offence has occured) and you would be added returned to stand quotes. Do the mature ingredient and turn your self in.