Understanding Conditional Sentence Orders in Alberta:
Being found guilty of a crime does not mean you will go to jail. In some situations, the court may allow you to serve a jail sentence in the community under strict conditions. This is known as a Conditional Sentence Order, and for many people
facing criminal charges, it can offer an opportunity to avoid incarceration when you’re found guilty.
However, a CSO is not always available. If you or a loved one is facing charges, it is critical to understand how Conditional Sentence Orders work and whether they are available in your case.
Table of Contents
What Is a Conditional Sentence Order?
A Conditional Sentence Order (CSO) is a jail sentence served in the community rather than in a correctional facility. It is available when:
- The judge imposes a jail sentence of less than two years, and
- The court determines that serving the jail sentence in the community would not endanger public safety or undermine the core principles of sentencing such as denunciation and deterrence.
A Conditional Sentence Order is not the same as probation. It is considered a jail sentence under the Criminal Code. Breaching the conditions of a CSO may lead to potential incarceration for the remaining duration of the sentence.
What Qualifies for a Conditional Sentence Order?
Eligibility is governed by the Criminal Code of Canada.
A CSO may be available if:
- The offence is not subject to a mandatory minimum sentence.
- The imposed sentence is under two years.
- The offence is not otherwise ineligible.
- The court finds that a Conditional Sentence Order is consistent with sentencing principles and would not pose a danger to the public.
The requirements can change from time-to-time, and a lawyer can determine whether your case meets the current criteria.
When a Conditional Sentence Order May Be Available:
Judges may consider Conditional Sentence Orders in certain cases, including:
- Thefts over/under $5,000.
- Mischief over/under $5,000.
- Fraud over/under $5,000.
- Lower-level drug possession or trafficking offences.
- Less severe assault cases.
Each case depends on individual facts, the accused’s background, and the overall context. A knowledgeable defence lawyer can determine availability and likelihood.
What Conditions Might Be Imposed in a CSO?
Conditional Sentence Orders come with strict conditions that must be followed.
These conditions may include:
- 24-hour house arrest and curfews.
- Mandatory reporting to a supervisor.
- Abstaining from all alcohol and drugs.
- No-contact orders with certain people.
- Compulsory community service hours.
- Attending treatments and counselling.
- Travel restrictions (not leaving your city or province).
The conditions are designed to reflect the nature of the offence and the offender’s circumstances. A breach of the conditions is a serious matter.
What Happens If You Breach a CSO?
If you breach your Conditional Sentence Order, the court may suspend some time served, and/or order you to serve some or all of the remaining time in custody.
That said, the judge has discretion, the court may also:
- Allow the conditional sentence to continue and take no further action.
- Modify the conditions imposed in a CSO.
- Order that the time between the breach and the resolution of the breach before the court does not count towards the completion of the CSO.
Having a defence lawyer represent you in a CSO breach proceeding can influence the outcome significantly.
Why Legal Representation Matters:
Conditional Sentence Orders are not automatic. The Crown often will oppose them, especially in cases involving repeat offenders or threats to public safety.
At Shim Law, our Calgary-based criminal defence lawyers have successfully argued for Conditional Sentence Orders in even the most complex of cases.
We can help by:
- Highlighting mitigating personal circumstances.
- Demonstrating your commitment to rehabilitation.
- Highlighting employment, educational enrollment, or community involvement.
- Engaging in early and effective negotiations with the Crown.
- Preparing persuasive sentencing submissions tailored to your situation.
A prepared legal argument can be the difference between time in or outside of a jail.
Take the First Step Towards a Strong Defence:
If you are facing criminal charges and worried about the possibility of jail, do not delay. A Conditional Sentence Order may be available, but early representation is essential.
Contact Shim Law today to schedule a confidential consultation. We can assess your eligibility, explain your legal options, and fight to protect your freedom, your future, and your reputation.
Call (825) 521-9666 or request a consultation online. Let us help you take control of your defence.
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