How Can a Criminal Code Charge Be Beat?
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
A person charged for, allegedly, violating the Criminal Code, R.S.C. 1985, c. C-46, will surely suffer from the stresses and concerns involved in legal process of a criminal case while also suffering from the worry of, among other things, the potential penalties such as a sizeable fines, a possible jail sentence, an adverse affects upon future job opportunities, and much more.
The Criminal Law
The Criminal Code contains hundreds of sections that prescribe criminality to various forms of conduct. 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, some offences, known as hybrid offences, are selectable as either indictable proceedings or summary conviction proceedings at the option of the prosecutor acting for the Crown.
A lawyer may provide client representation for either an indictable or a summary conviction Criminal Code case. A paralegal may provide client representation only for specific summary conviction Criminal Code cases or for certain hybrid offences if, and only after, the Crown prosecutor has chosen to prosecute the matter as a summary conviction proceeding case.
Choosing a defence strategy that best suits your criminal charge will depend upon, the specific nature of the charge, the strength or weakness of the available evidence, and the strength or weakness of testimony from the anticipated witnesses. With this said, and as applies to a case involving any type of charge, most, and perhaps all, defence strategies will focus upon poking holes in the case of the prosecution and thereby raising 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
Is It Possible to Fight a Charge By Showing That An Eyewitness Identifying the Accused May Be Wrong? When It Is Shown That There Is a Possibility That the...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
What Would a Court Do If a Person Denied Guilt While Pleading Guilty? Where a Court Perceives That a Person Is Pleading Guilt Despite a Belief of Innocence...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