Is It Difficult to Fight a Criminal Charge?
Criminal Charges May Be Defeated In Various Ways Such As Challenging the Evidence Through a Strategic Cross-Examination of Witnesses For the Prosecution So to Give Rise to Reasonable Doubt That the Person Charged Is Actually Guilty.
Understanding the Defences Applicable to Various Criminal Code Charges Including Methods to Show a Reasonable Doubt
When a person is charged, and thereby accused of violating the Criminal Code, R.S.C. 1985, c. C-46, such an experience will obviously cause great stress and concern in handling the legal process as well as worry for the possibility of penalties ranging from significant fines, the potential for jail time, and the future effects upon job opportunities, and much more.
The Criminal Law
The Criminal Code of Canada is a federally legislated statute that prescribes hundreds of sections that establish the criminality upon certain forms of behaviour. Prosecution of Criminal Code offences involve different sets of procedures that may apply depending on the seriousness of the alleged crime. The most severe offences, known as indictable offences, involve the most formal procedures. The less severe offences, known as summary offences, provide for a leaner and more efficient process. Additionally, there are some offences, which are referred to as hybrid offences, where the Crown prosecutor may select to conduct the prosecution as either an indictable proceedings matter or as a summary conviction proceedings matter.
Lawyers are permitted to provide representation in any type of Criminal Code matter. Paralegals are permitted to provide representation in most summary proceeding matters. For certain hybrid offences, paralegals may also provide representation after the Crown selects to proceed with prosecution in the form of a summary proceeding matter.
Selecting the defence strategy that is best suited to fight your criminal charge depends upon, among other things, the type of charge, the strength or weakness of the available evidence, and the strength or weakness of testimony from likely witnesses. Of course, regardless of the type of charge, all defence strategies ultimately aim at impairing the ability of the prosecutor to prove all elements of the charge beyond a reasonable doubt.
Circumstantial evidence may be interpreted in ways that infer a person is guilty or infer that a person is without guilt depending on reasonably plausible...Learn More
Reasonable doubt involves doubts that are reasonable and therefore when presenting theories that show innocence or an alternative to guilty, inferences must be...Learn More
A person who aids or abets or incites or encourages or assists, another person in committing a crime may be charged and found just as culpable as another...Learn More
The charge of assault, as a violation of section 265 of the Criminal Code may be prosecuted as an indictable offence or a summary conviction offence per the...Learn More
The charge of criminal harassment per section 264 of the Criminal Code is a serious charge with a potential penalty of ten (10) years imprisonment.Learn More
Can Showing Flaws In Eyewitness Identification of the Accused Be a Successful Defence Strategy? Despite Common Belief That An Eyewitness Identification Is...Learn More
Can a Paralegal Appear in Court on Matters Involving Indictable Charges? Just the Same as When a Student-At-Law May Appear on Behalf of a Lawyer, a...Learn More
The conduct of publishing, distributing, selling, or otherwise disseminating the private intimate image of another person without consent violates section...Learn More
The peace bond process within section 810 of the Criminal Code of Canada may enable a person reasonably fearful of another person to obtain a court Order to...Learn More
For various reasons, an accused person who denies guilt of charges may attempt to plead guilty. To ensure public respect for the administration of...Learn More
For a conviction on the charge of theft contrary to section 322 of the Criminal Code the Crown prosecutor is required to prove that the stolen property was in...Learn More
A charge of theft is a serious concerns with potential penalties of two (2) years for a theft under $5,000 charge and ten (10) years for a theft over $5,000...Learn More
What constitutes as a threatening statement or utterance requires an objective and unbiased viewpoint to reasonably review the context and nature of the...Learn More
The Criminal Code contains provisions criminalizing loitering or prowling near a residence at night.Learn More
The de minimus non curat lex doctrine remains applicable to criminal law matters; accordingly, courts may disregard technically criminal conduct where social...Learn More